WASHINGTON, D.C.—Democracy Defenders Fund and the Lawyers’ Committee for Civil Rights Under Law, with assistance from public interest law firm Free Information Group, filed a lawsuit today against the Department of Homeland Security and Immigration and Customs Enforcement for violating the Freedom of Information Act by refusing to release records about their use of invasive facial recognition mobile apps known as Mobile Fortify and Mobile Identify. The groups requested information showing how the apps are used, what data they collect, and what the government does with that information. The agencies ignored legal deadlines and failed to produce a single record.

Public reporting indicates that these apps let officers scan people’s faces in real time, search large biometric databases, and make identity and citizenship determinations in the field, sometimes even when other evidence points the other way. In some reported cases, individuals were given no meaningful opportunity to refuse to provide this personal data.

Federal agents have reportedly used the tools more than 100,000 times, including on U.S. citizens and people engaged in protected First Amendment activity.

“Forcing Americans to submit to facial recognition scans without transparency or accountability puts core constitutional freedoms at risk,” said Amb. Norm Eisen (ret.), co-founder and executive chair of Democracy Defenders Fund. “The government cannot deploy surveillance tools on the public, keep the rules secret, and then ignore transparency about what they are doing. That’s unacceptable, and that’s why we’re going to court.”

“ICE’s use of Mobile Fortify subjects people, including peaceful demonstrators, to invasive government surveillance. The government's use of Mobile Fortify presents serious risks for Black communities and other communities of color because of ICE's extensive presence in those communities,” said Leah Frazier, director of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law. “Facial recognition technology also has been shown to exhibit racial bias. We seek transparency – to expose the administration’s expansion of surveillance infrastructure and check its attack on civil liberties.”

“These apps collect and use exceptionally sensitive biometric data, without the consent of the public, and use that data to make crucial, potentially life-changing decisions,” said Ginger Quintero-McCall, a privacy expert and attorney at Free Information Group. “The public deserves to understand exactly what data is being collected and what guardrails – if any – exist to protect that data.”

The lawsuit asks the court to order DHS and ICE to search for the requested records and release all non-exempt materials without further delay. The plaintiffs also seek expedited proceedings and attorneys’ fees so they can bring the government’s use of these technologies into public view and ensure the public understands how these tools are being used.

The filing can be found HERE.

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.