US to Photograph All Non-Americans Entering, Exiting Country (2)

The Department of Homeland Security will require all immigrants and non-citizens to be photographed when entering and leaving the US under new regulations released Friday.

Photographs and fingerprints were already required for certain immigrants and foreign visitors at designated locations. The regulation from US Customs and Border Protection allows for a comprehensive data collection system for non-citizens regardless of where they enter or leave the country.

The rule comes amid broader efforts by the Trump administration to expand collection of data on immigrants and foreign nationals in the US. That’s included a new immigrant registry rule as well as use of taxpayer data for enforcement purposes.

Comprehensive data gathering for entry and exit of non-citizens will help address national security concerns, fraudulent use of travel documentation, and visa overstays, DHS said.

CBP has collected biometric data from certain non-citizens upon arrival in the US since 2004, but the rule marks a significant expansion of that data collection.

New advances in facial comparison technology allow the agency to roll out broader inspections for entry and departure, CBP said. Those tools will use passenger information along with photographs provided in passports or visa applications to verify a traveler’s identity.

The agency has already fully adopted that facial recognition system for commercial air travel upon entry through a program known as “Simplified Arrival.” It estimates that it can fully adopt entry and exit screening at airports and sea ports in three to five years.

The regulation follows through on efforts to expand photo and data collection from the Trump administration. Most public comments submitted in response to a 2021 proposed rule opposed the plan, with many groups citing privacy concerns, including the American Civil Liberties Union. The final rule released by DHS doesn’t make substantive changes to that proposal.

CBP points to laws passed more than two decades ago to justify the data collection, but Congress couldn’t have intended for use of facial recognition technology then in its infancy, said Cody Venzke, senior policy counsel at the ACLU. Although US citizens can opt out, experience has shown the choice to do so “is often illusory,” he said via email.

“This technology is unreliable, disproportionately harms people of color, and serves as the foundation for a perpetual surveillance state,” Venzke said.

DHS will open a new public comment period for 30 days after the regulation is published in the Federal Register on Oct. 27.