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Privacy fears erupt as new facial recognition rules take effect at US airports TODAY

A new policy across US airports that will collect facial recognition data from noncitizens entering and leaving the country comes into effect today.

The measure is designed to curb visa fraud, identify criminals, detect overstays and prevent illegal reentries, the Department of Homeland Security (DHS) said.

Going forward, visitors from abroad will have their facial biometric data collected when they come into and leave the country by US Customs and Border Protection (CBP).

Previous exemptions, such as those for diplomats and most Canadian visitors, were also removed as part of the change.

Biometric facial comparison technology is already used to process travelers entering America at 238 airports, according to CBP.

‘This final rule marks a major milestone towards our efforts to successfully implement the Biometric Entry/Exit mandate and strengthen the security of the United States,’ Diane J. Sabatino, the acting executive assistant commissioner of CBP’s field operations office, said.

She added that the increased funding would be used to ‘expand facial biometrics and advanced technology for identity verification to further secure and innovate the entry/exit process at air, land, and sea.’

Starting today, December 26, biometric data from noncitizens entering and leaving the US will be collected

A final notice on the Federal Register said that facial comparison technology was the 'best available method for biometric verification'

A final notice on the Federal Register said that facial comparison technology was the ‘best available method for biometric verification’

The airport policy was first announced on November 20, although it only goes into effect today.

While the new rule focuses on facial recognition, border officers will continue collecting fingerprints from incoming travelers. Every inspection booth upon entry has a fingerprint reader.  

The decision has raised fears regarding ‘privacy, data security, and the potential for discriminatory or unauthorized surveillance’, according to a public comment sent to Secretary of Homeland Security Kristi Noem by Congresswoman Yvette D. Clarke last Friday.

In total, the letter was signed by 49 other members of lawmakers – including Alexandria Ocasio-Cortez and Jasmine Crockett.

‘Biometric identifiers are permanent and cannot be changed if compromised, making the risks of misuse or breach uniquely severe, irreversible, and lifelong,’ the comment read.

The new measure was also met with some concerns over how simple it was to incorporate.

‘The ease of implementation is what, in part, makes facial recognition such a dangerous technology to implement at such a broad scale,’ Jeramie Scott, a lawyer with the Electronic Privacy Information Center, told The New York Times.

He worried that ‘the government will seek to expand its use’ of the facial recognition technology.

US citizens are not required to participate in the facial biometrics program, although they are are able to opt in

US citizens are not required to participate in the facial biometrics program, although they are are able to opt in

Donald Trump’s interest in expanding the oversight of travelers entering the US goes back to 2017.

Then, the US President signed an executive order requiring an ‘expedited’ biometric entry-exit system.

About three years later, the DHS proposed a rule requiring all foreign nationals to undergo facial biometric scans for identity verification.

The agency also asked to expand the technology to more locations, which has now been approved.

US citizens are not required to participate in the facial biometrics program but are able to opt in when entering or leaving the country.

Those who would rather not participate are asked to notify a CBP officer or airline representative about their decision, so that they can undergo a manual passport check instead. 

Photos of US citizens are discarded within 12 hours, per the DHS, while images of noncitizens are stored in the agency’s biometric identity management system for up to 75 years.

Border officers will continue collecting fingerprints from incoming travelers. Every inspection booth upon entry is equipped with a fingerprint reader

Border officers will continue collecting fingerprints from incoming travelers. Every inspection booth upon entry is equipped with a fingerprint reader

This is meant to serve as ‘confirmation of entry or departure,’ per the DHS.

Facial comparison technology was called the ‘best available method for biometric verification’, as it is ‘accurate, unobtrusive, and efficient’, per a final notice posted on the Federal Register.

Biometric data has been collected from some noncitizens entering the US since 2004, but there is no ‘comprehensive system’ currently in place to do so for those exiting the country.

While the new rule focuses on facial recognition, border officers will continue collecting fingerprints from incoming travelers. Every inspection booth upon entry has a fingerprint reader.

Before today, CBP could only run pilot programs at a small number of airports and seaports.

This change comes as the US braces for a particularly hectic travel season during the winter holidays. 

More than 44million travelers will cross the country’s airports between December 19 and January 4, according to the Transportation Security Administration (TSA).

Before the changes went into effect today, CBP was only able to run pilot programs at a limited number of air and sea ports

DHS Secretary Kristi Noem received a comment from Congresswoman Yvette D. Clarke last Friday raising concerns about  privacy and data security

DHS Secretary Kristi Noem received a comment from Congresswoman Yvette D. Clarke last Friday raising concerns about  privacy and data security

The busiest days of the festive period are expected to come immediately after the strengthening of the biometric entry-exit system.

December 28 will feature nearly 2.9million travelers, per the agency, with similarly heavy travel the day before.

The US could also soon ask tourists to provide a five-year record of their social media history to enter the country, per a proposal posted December 10 on the Federal Register.

People entering the country would also be asked to provide email addresses, phone numbers and information about their family members.

Biometrics are also mentioned as part of that proposal, and are said to include ‘face, fingerprint, DNA, and iris.’

That notice said that the American public had until February 9, 2026, to provide comments.

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