-
Original Date Announced
November 19, 2020Customs and Border Protection (CBP) proposes expanding biometrics collection for foreign nationals departing from the U.S. Under the proposed rule, biometrics collection at departure would no longer be limited to pilot projects at limited numbers of land, sea, and air ports. Biometrics collection, including facial-recognition photography, would be authorized at all lawful departure points. The proposed rule would also remove age restrictions and the ability for non-U.S. citizens to opt out of biometric collection. Comments were due Dec. 21, 2020. [ID #1198]
Collection of Biometric Data From Aliens Upon Entry to and Departure From the United StatesSubsequent Trump and Court Action
June 26, 2025Reported: ICE Is Using New Facial Recognition App to Identify People - 404 Media
404 Media reports that Immigration and Customs Enforcement (ICE) is using a new mobile phone app for interior immigration enforcement, called Mobile Fortify, that can identify a person by fingerprint images or by pointing a phone camera at them. Previously, CBP primarily used biometric identity-verification technology at ports of entry. In a leaked email sent to all personnel in Enforcement and Removal Operations (ERO), ICE instructed officers to "use this new tool to identify people whose identity ICE officers do not know."
View DocumentBiden Administration Action: Under Study
February 10, 20212021.02.10 DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 215 and 235 [Docket No. USCBP–2020–0062] RIN 1651–AB12 Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States; Re-Opening of Comment Period
DHS reopened the comment period for the collection of biometric data from noncitizens upon entry to and departure from the U.S. The comment period remained open for 30 days.
View DocumentCurrent Status
Not in effectMost Recent Action
February 10, 2021 Action: Under Study 2021.02.10 DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 215 and 235 [Docket No. USCBP–2020–0062] RIN 1651–AB12 Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States; Re-Opening of Comment PeriodFebruary 10, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: BorderAgencies Affected: CBPAssociated or Derivative Policies
- April 24, 2018 DHS gives notice of a new records system for biometric data
- April 24, 2018 DHS proposes rule to exempt a new External Biometric Records System of Records from Privacy Act
- May 25, 2018 CBP proposes to include biometrics from vehicles as part of entry / exit system
- June 21, 2018 Orlando airport becomes first in U.S. to commit to processing all international travelers with facial recognition technology
- September 24, 2018 CBP announces facial recognition technology at ports of entry
- September 11, 2020 DHS proposes rule to expand biometric data collection
- November 19, 2020 DHS withdraws April 2008 notice of proposed rulemaking on biometrics collection
Pre Trump-Era Policies
-
April 24, 2008
The previous rule required noncitizens subject to U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT) biometric requirements upon entering the U.S. to provide biometric information to commercial air and vessel carriers before departing from the U.S. at air and sea ports of entry.
Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”)
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
The US wants to use facial recognition to identify migrant children as they age
News sources report that DHS is investigating ways in which it can use facial-recognition technology to track the identities of migrant children crossing into the U.S. as they age. The Office of Biometric Identity Management (OBIM) is reportedly spearheading this effort. However, DHS has denied that it has plans to collect facial images from children under the age of 14.
Go to article