Starting December 26, every foreigner entering or leaving the United States will be photographed and, in some cases, biometric data such as fingerprints and facial features will be taken. according to a new regulation published this Monday by the Department of Homeland Security (DHS, by its acronym in English).
The measure, published in the Federal Register, is part of the US Government’s objective of implementing an “integrated biometric entry and exit system”, which will allow travelers to compare data when entering and leaving the country.
According to the DHS, This system seeks to reinforce national security, prevent fraudulent use of travel documents and reduce cases of people staying longer than their visa allows. Also will help identify terrorist threats and information discrepancies of those entering or leaving United States territory.
“Implementing an integrated biometric entry and exit system that compares data collected on arrival with data collected on departure will help address national security concerns,” DHS said in the official regulation.
Photographs and biometric data: a change in border policy
Until now, the collection of biometric information at airports and land borders was limited primarily to the time of entry into the U.S. With this new guideline, The process will also extend to the time of departure, marking what experts call a “fundamental change in border surveillance policy.”
The rule will apply to all non-citizens, including those holding tourist, work or temporary residence visas, as well as minors and older adults.
The photographs will be taken automatically using facial recognition systems installed at airports, seaports and land border points. In some cases, fingerprints or other biometric identifiers will also be collected, depending on the type of immigration control.
Concerns about privacy and data use
The law firm Lincoln-Goldfinch Law, based in Austin, Texas, warned that the new provision “symbolizes a fundamental change in border and biometric surveillance policy.”
“When biometric data is collected at both entry and exit, we are entering a new surveillance paradigm that requires active legal oversight,” said Kate Lincoln-Goldfinch, an immigration attorney and civil rights advocate.
The expert stressed that families must know what will happen to their information, how long the data will be kept and how possible errors or misunderstandings in the records can be corrected.
Lincoln-Goldfinch also emphasized that the Government “cannot treat all noncitizens equally without evaluating each case,” so she called on DHS to ensure transparency, constitutional protections and minimal interference with legal travel.
The objective of DHS: security and immigration control
The DHS maintains that the expansion of the capture of biometric data will improve control over the movements of foreigners and strengthen the integrity of the US immigration system.
In its statement, the agency explained that the system will serve to verify the identity of travelers, confirm that those who leave the country do so within the authorized period and avoid false identities or impersonations.
For several years now, DHS has been testing facial recognition technologies at international airports. According to official figures, more than 300 million travelers have already been processed through this system, which has made it possible to identify thousands of people with false documents or irregular immigration status.
However, until now data collection was mainly carried out upon passenger arrival. The extension to departure seeks to close an information gap that, according to authorities, made it difficult to confirm exactly who was actually leaving the country.
Debate between security and privacy
The use of biometrics in immigration controls has generated an intense debate in the US. Privacy advocates argue that facial recognition could be susceptible to errors, especially with people of certain ethnic origins, and that mass storage of sensitive data poses a risk of leaks or misuse.
For its part, Supporters of the measure assure that the system speeds up immigration processes, reduces queues at airports and improves accuracy in the identification of travelers. In addition, they highlight that the collection of biometric data is an increasingly common practice in airports in Europe, Asia and Latin America.
What travelers should know
The DHS rule specifies that Foreigners will not be able to refuse to be photographed or to hand over their biometric data, except in exceptional circumstances. US citizens are not subject to this obligation, although at some airports their images could be taken incidentally during the process.
Authorities reminded that travelers should consult the privacy policies of DHS and Customs and Border Protection (CBP) to learn how their information will be managed.
While the Government defends the measure as a step towards a safer and more efficient immigration system, civil organizations warn that the country is approaching an era of unprecedented digital surveillance.
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