Visitors planning to travel to the United States should prepare for a new requirement involving biometric data collection. Under a recently published rule by Customs and Border Protection (CBP), noncitizens will have their photographs taken upon both entry and exit from the country, with images potentially stored for up to 75 years.
This final rule, released on Monday, expands the Department of Homeland Security (DHS) policy that has been in place since 2004, which primarily focused on collecting biometric data at entry points. Until now, there was no system to gather biometric information from individuals leaving the United States. CBP Assistant Commissioner for Public Affairs, Hilton Beckham, stated, “This rule simply amends DHS regulations to provide that DHS may require all aliens to be photographed when entering or exiting the United States.”
The agency asserts that this requirement will contribute to national security by preventing terrorism, reducing fraudulent use of travel documents, and identifying individuals who overstay their authorized presence in the country. However, it remains unclear if the DHS will detain individuals identified as attempting to leave after their visas have expired, as the US has previously encouraged undocumented immigrants to self-deport.
Additionally, the new regulation eliminates previous age restrictions on biometric data collection. Previously, individuals under 14 and over 79 were exempt from having their data captured. This change reflects a broader application of biometrics beyond criminal history checks, now seen as essential for identity verification and combating child trafficking.
Visitors should be aware that their images will remain in a government database for life, or potentially longer. According to the new rule, records of noncitizen visitors can be kept for “up to” 75 years. In contrast, US citizens can opt out of this requirement, and if their photographs are taken, the government will retain their images for only 12 hours if there are no issues.
The primary technology used in this process is the Traveler Verification Service (TVS), a cloud-based system that conducts facial comparisons between live images of travelers and those on their travel documents. Beckham explained that TVS makes determinations regarding a traveler”s citizenship and decides the duration for which their data is stored.
Concerns about the reliability of this system have been voiced by some members of the public. One individual recounted an experience where they were mistakenly identified as having a DUI arrest due to facial recognition errors, which nearly resulted in their being denied entry to the US. They expressed discomfort with the technology”s potential for error, especially noting that it may be less accurate for individuals with darker skin or those who wear head coverings.
Despite these concerns, CBP continues to pursue automation in identifying potential immigration law violators. Beckham stated, “CBP must be able to conclusively determine whether a person is in fact a US citizen or national, or an alien.” The DHS is committed to developing a comprehensive biometric entry/exit system to manage records of individuals entering and departing the United States.
