ICE's Facial Recognition Is Targeting Black and Brown Communities — Markey Warns of a Racialised Surveillance State

A growing arsenal of surveillance tools deployed by Immigration and Customs Enforcement (ICE) is drawing fierce criticism from civil liberties advocates and lawmakers, who warn that facial recognition technology is being weaponised against Black and Brown communities. Senator Edward J Markey has emerged as one of the most vocal critics, accusing the Trump administration of building a 'racialised surveillance state' designed to intimidate, silence and control.

Surveillance Without Consent

In a Facebook post accompanied by video footage, Markey described masked ICE agents approaching a young man and photographing him without explanation or consent. The image was reportedly run through a facial recognition app to determine his identity and immigration status.

'These videos are harrowing,' Markey wrote. 'This is the surveillance state on steroids. It's Orwellian to the extreme.' He warned that such technology could be used to suppress political opposition, monitor protesters, and instil fear in communities of colour.

The video, verified by NPR, is not an isolated incident. Another clip from Aurora, Illinois shows Border Patrol agents confronting teenagers near a high school, asking for ID and using a phone to scan one boy's face. ICE's Mobile Fortify app, which matches facial images against federal databases, stores photos for up to 15 years—even if no match is found.

Racial Bias and Legal Concerns

Markey told NPR that facial recognition is notoriously unreliable for people of colour, raising the risk of misidentification and unjust targeting. He expressed concern that the Trump administration could weaponise the technology against critics and marginalised groups.

'Americans have a right to walk through public spaces without being surveilled,' he said.

Privacy experts have supported his concerns. Emily Tucker of Georgetown Law's Center on Privacy and Technology warned that immigration powers are being used to justify mass surveillance. 'The purpose is to build up a massive surveillance apparatus that can be used for whatever kind of policing the people in power decide they want to undertake,' she said.

Spyware and Data Expansion

ICE's surveillance capabilities extend beyond facial recognition. The agency recently revived a contract with Paragon Solutions, whose spyware tool Graphite can infiltrate phones without user interaction. Legal groups have sued for transparency, but ICE has not disclosed how the technology is being used.

Jeramie Scott of the Electronic Privacy Information Center called Graphite 'extremely dangerous', noting it violates Fourth Amendment protections.

Meanwhile, the Department of Homeland Security (DHS) has proposed a rule to expand biometric data collection from noncitizens and their US relatives, including facial images, iris scans, voice prints, and DNA.

Eroding Norms and Oversight

Despite bipartisan concern, ICE and DHS have refused to answer detailed questions from lawmakers. An ICE spokesperson defended the agency's use of technology, citing its role in apprehending criminals. DHS stated that all tools must comply with oversight frameworks, but declined to name vendors or operational specifics.

According to Georgetown's 2022 report, ICE had already scanned a third of adult Americans' driver's licence photos and could locate three out of four adults through utility records. Tucker said the Trump administration's aggressive enforcement posture has shattered previous norms.

'Not only are the norms gone,' she said, 'but this administration is willing to break whatever laws do exist.'

Markey's message remains clear: 'Our faces are not barcodes for ICE to scan and track. Everyone in America has the right to walk in public spaces without being surveilled. This must stop now.'