The public comment period is reopening for a Trump-administration era policy proposal from the Department of Homeland Security (DHS) that makes it mandatory to collect facial images and other biometric information from all non-citizens entering or leaving the U.S. Critics of this proposal say it raises concerns regarding privacy and individual civil liberty.

U.S. Customs and Border Protection (CBP) has indicated that it is reopening the required public comment period for this policy in the hopes of moving the program from the pilot phase to implementation. If approved, the agency will have the authority to install the necessary technology at all ports of entry. U.S. citizens would be allowed to opt-out of the system.

If implemented, all non-citizens entering and leaving the country could be photographed “to determine his or her identity or for other lawful purposes,” according to the proposed policy.

In support of this policy, CBP has touted the success of biometric in preventing unauthorized entry into the U.S. CPB maintains that since September 2018, it has stopped more than 400 people from illegally entering the U.S. with valid travel documents issued to other people because they “leveraged facial biometrics.”

During the first round of public comments in December 2020, DHS received comments expressing concerns that the policy proposal would infringe on human rights and civil liberties, as well as potentially result in discrimination against people of color and immigrants.

Comments were received from the American Immigration Council, the American Medical Association, and Amnesty International, among others. The groups cite concerns over privacy, the government’s inability to securely store sensitive information, and the accuracy of the facial recognition technology.

In contrast, an airline organization, Airlines for America, provided positive feedback on the possible rule. While they recognize the policy creation process as “methodical, data-driven, deliberative, and collaborative,” they also suggest further investigation of facial recognition technology to ensure the most reliable result.

The additional public comment period will run from Feb. 10 to March 12, 2021.

If you have questions about this potential policy, the public comment period, or any of the ever-evolving immigration policies, contact an ILBSG attorney today. We work with you to make sure you get the right advice.

dhs facial images at border photographs at the US border