How a US Citizen Was Scanned With ICE’s Facial Recognition Tech

A U.S. citizen was subjected to facial recognition technology by Immigration and Customs Enforcement (ICE) agents during a street encounter in Chicago, according to a report from Reveal, part of the Center for Investigative Reporting, and 404 Media.

Jesus Gutiérrez, 23, was walking home from a gym when a gray Cadillac SUV without license plates pulled over. Two men, later identified as federal immigration officials, exited the vehicle and questioned Gutiérrez about his destination and origin. Despite asserting his U.S. citizenship, Gutiérrez was handcuffed and placed in the vehicle. Agents then photographed his face and, after a brief wait, confirmed his identity through a facial recognition app called Mobile Fortify. The app accesses a database containing 200 million images, including those from FBI records.

Gutiérrez provided Reveal with a copy of his passport to substantiate his citizenship claim. He recounted telling the agents, "You just grabbing, like, random people, dude." After approximately an hour, the agents released Gutiérrez, who described the experience to his father as being "kidnapped." He subsequently avoided public places for several days.

Internal documents obtained by 404 Media reveal that Mobile Fortify was designed for identifying individuals subject to deportation. However, it acknowledges potential use against U.S. citizens. A Department of Homeland Security document stated, "It is conceivable that a photo taken by an agent using the Mobile Fortify mobile application could be that of someone other than an alien, including U.S. citizens or lawful permanent residents."

The American Civil Liberties Union (ACLU) criticized the use of facial recognition technology in such encounters. Nathan Freed Wessler, deputy project director for the ACLU’s Speech, Privacy, and Technology Project, stated, "This is a flagrant violation of rights and incompatible with a free society. Immigration agents have no business scanning our faces with this glitchy, privacy-destroying technology—especially after often stopping people based on nothing more than the color of their skin or the neighborhood they live in."

Representative Bennie G. Thompson, ranking member of the House Homeland Security Committee, expressed concerns about ICE's reliance on Mobile Fortify results. He stated that ICE officials consider biometric matches definitive, potentially ignoring evidence such as birth certificates. Thompson described this practice as "a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms."

Instances of ICE and Customs and Border Protection (CBP) agents using facial recognition to verify identity and citizenship have been documented. In one video, agents stopped two young men on bicycles in Chicago, scanning one of their faces. In another, agents surrounded a man in a vehicle, scanning his face to verify his claim of citizenship.

Gutiérrez, who is of Mexican descent, suggested racial profiling may have been a factor in his stop. The method of targeting individuals based on race, language, or location has been criticized and referred to by some as "Kavanaugh stops," referencing a Supreme Court justice's justification for such practices.

In response to inquiries, the Department of Homeland Security (DHS) declined to confirm or deny law enforcement capabilities or methods. CBP stated that Mobile Fortify was developed to support ICE operations and has been used nationwide. The agency emphasized that agents must consider all circumstances before determining a person’s immigration status, and that the app is used after required training.

Gutiérrez recalled that the agents were laughing at the end of the encounter while he was still in the vehicle.