The Newburgh City Council voted Monday to reject a contract between Clearview AI and the Newburgh Police Department that would have allowed the department to use the company’s facial recognition system.

Clearview AI uses a proprietary tool to scrape the internet for photos of people and allow image searches of that database. The technology would have been used by the Newburgh Police Department to identify potential suspects and victims based on photographs.

Councilmember Robert McLymore, a lieutenant with the Town of Wallkill Police Department, initially supported the technology. At a council work session, he said it would aid investigations, particularly in identifying unidentified individuals. “We’ll waste a lot of time and money, salary, overtime — that’ll drive all of that up because we have to complete the investigation,” he said.

Council members and community members raised concerns that U.S. Immigration and Customs Enforcement has used Clearview AI’s technology in recent immigration enforcement operations. Councilmember Giselle Martinez said she did not want the city using “any type of company or technology that works with ICE.”

Newburgh Police Chief Brandon Rola assured the council that other agencies using Clearview’s database would not have access to photos searched by the Newburgh Police Department. “The City of Newburgh would have the subscription — nobody would be using it but the City of Newburgh,” he said.

Martinez also raised concerns about privacy lawsuits Clearview has faced in the U.S. and abroad. One U.S. lawsuit alleged the company’s practices violated several state privacy laws, including Illinois’ Biometric Information Privacy Act and New York’s civil rights protections against invasions of privacy. That suit was settled in April 2025.

Rola dismissed the privacy concerns, saying the objections amounted to people claiming that photos posted publicly online remain private. He said all data used by Clearview comes from photos publicly accessible on the internet.

Councilmember Ronald Zorilla raised concerns about algorithmic errors and false identifications, asking whether misidentification across demographic groups was a concern. Rola said the department would treat any result from the program as no more than an anonymous tip and would need to corroborate findings through other means.

Residents also spoke against the contract. Mark Sanchez Potter cited the environmental impact of artificial intelligence, noting its high water consumption. Resident RB Bois, who identified themselves as a tech worker, questioned whether Clearview had the public interest in mind. “How can the public depend on a company whose product relies on a violation of trust to protect the public safety and be careful custodians of our identity?” Bois said.

All council members present voted against approving the contract and urged the police department to seek other solutions. Mayor Torrance Harvey thanked residents who spoke at the meeting. “When we had these discussions on Thursday I didn’t look at it the way some of you all have looked at it,” Harvey said. “The timing of this is off, especially with regards to what is happening in America.”