Amazon has found itself in a new controversy over its facial-recognition software.

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The American Civil Liberties Union (ACLU) on Wednesday filed a Freedom of Information Act request with the Department of Homeland Security (DHS) demanding the U.S. Immigration and Customs Enforcement (ICE) disclose whether it uses Amazon’s software.

The civil liberties advocacy group's request comes after reports that Amazon attempted to sell its “Rekognition” software to ICE and Homeland Security.

Judge Andrew Napolitano, Fox News senior judicial analyst, said the Supreme Court has ruled that where there is an expectation of privacy the government must respect it. Despite faces being unique to each person, the government has the right to take a picture of individuals or illegal immigrants against their will in a public area.

“Is there an expectation of privacy in your face on a public street? The answer is no,” Napolitano said during an interview on FOX Business’ “The Evening Edit” on Wednesday.

ACLU Senior Legislative Counsel Neema Singh Guliani said in a statement, “ICE should not be using face recognition for immigration or law enforcement. Congress has never authorized such use and should immediately take steps to ensure that federal agencies put the brakes on the use of face recognition for immigration or law enforcement purposes.”

Napolitano said the danger lies in faulty software that leads to mistaken identity by Amazon’s Rekognition technology.

“Human freedom, whether you can cross this border and make an application for asylum, is being determined by software that doesn’t work, it's draconian, has never been used before,” he said.