State representative concerned after Border Patrol agents shown using technology on teenagers outside East Aurora High School
Illinois state lawmakers and privacy advocates are raising concerns over technology used by federal agents for immigration enforcement that they say violates the privacy and civil rights of American citizens, including children.
A facial-recognition tool called "Mobile Fortify" is used by U.S Immigration and Customs Enforcement and Customs and Border Protection to identify people they suspect are not citizens.by the state of Illinois and city of Chicago against the Department of Homeland Security , Mobile Fortify ingests a photo into a government database, comparing it to other biometric data. But, officials say the technology is being used on American citizens, including children. One instance was captured in a video shared with the ABC7 I-Team.On Oct. 10, 2025, just outside of East Aurora High School, a video shows Border Patrol agents approach a group of teenagers. One of the agents asks the other, "Can you do facials?" and an agent points a cell phone at the teenager appearing to take a photo of his face.State Representative Barbara Hernandez represents the 50th District, including Aurora, and said when she saw the video on social media, she immediately notified school officials. "It was very disturbing just to overall see that they were taking a picture of this young adult, a minor... without his consent," Hernandez told the I-Team. The Aurora incident is just one example specifically noted in the state and city's lawsuit filed against DHS, with attorneys contending federal agents are rampantly violating the state's Biometric Information Privacy Act , and its own federal mandates by using their facial recognition technology to, "scan biometric information of Illinois residents without consent, without individualized suspicion and to retain that information for fifteen years." When it was passed, the Illinois BIPA added language to the state constitution for the intent purpose to protect against concerns that "the government might use newly available technology to develop 'a general information bank' that would collect and monitor personal information," according to the lawsuit. "To have this used against us is very dangerous, and it's really disturbing, especially to the minors," Hernandez said. "They were not giving consent. They weren't, they were confused."ACLU attorney Nathan Freed Wessler believes stronger guardrails need to be in place on all ICE technology, including Mobile Fortify.In 2017, American Civil Liberties Union Attorney Nate Freed Wessler argued a landmark privacy case before the US Supreme Court, Carpenter v U.S. that ended with the court affirming the government needs a warrant to access cellphone site location data. "Getting it wrong can be really chilling, right? People detained when they shouldn't be, including U.S. citizens," Wessler said. "We know the technology can get it wrong, and there couldn't be a more dangerous time for that to happen."
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