The U.S. Department of Homeland Security (DHS) has revived a controversial rule proposed during the first Trump administration, aiming to expand biometric data collection from non-citizens crossing U.S. borders. The updated plan, now undergoing White House review, would significantly broaden the federal government’s ability to identify travelers and monitor immigration activity.
The proposed policy emphasizes facial recognition technology as a central tool for border management. The revived rule, currently under review at the Office of Information and Regulatory Affairs (OIRA), would at minimum require the capture of facial images for all non-citizens at U.S. ports of entry and exit. While earlier drafts from 2020 discussed gathering fingerprints, iris scans, and even DNA samples, DHS has not yet confirmed whether those additional biometric modalities will be included in the final regulation.
The move would expand on existing efforts led by the DHS Office of Biometric Identity Management (OBIM), which oversees the Automated Biometric Identification System (IDENT). IDENT currently houses roughly 320 million biometric records and is transitioning to the Homeland Advanced Recognition Technology (HART) platform. HART is designed to operate in the cloud, offering improved speed and accuracy in matching biometric data against federal watchlists and other law enforcement databases.
Coordination, State Actions, and Private Partnerships
The DHS initiative aligns with broader federal projects to integrate biometric screening across various modes of travel. U.S. Customs and Border Protection (CBP) has been expanding facial recognition technology at land, air, and sea entry points, including photographing all passengers departing the United States by vehicle. Amid these developments, DHS is weighing whether OBIM should be placed under CBP’s direct oversight to streamline biometric data sharing and operational coordination. However, no formal decision on this organizational shift has been announced at the time of writing.
At the same time, DHS’s Science and Technology Directorate is collaborating with private technology firms through initiatives such as the Remote Identity Validation Rally (RIVR), launched in March of this year. These programs are intended to advance new identity-verification technologies, enhance matching accuracy, and reduce processing times at border crossings.
On the state level, several jurisdictions are pursuing their own biometric regulations. Alabama enacted legislation in May requiring fingerprints and DNA samples from undocumented immigrants already in law enforcement custody. Although other states are debating similar measures, none have passed equivalent laws so far.
Privacy and Security Concerns
The push to expand biometric data collection has fueled significant privacy debates. Civil liberties organizations warn that widespread facial recognition and large-scale biometric databases could increase the risk of surveillance overreach and data breaches. Security experts caution that centralized biometric systems may attract cybercriminals looking to steal sensitive personal information.
For now, DHS has not set an effective date for implementing the new rule or provided technical details on how additional biometric data might be collected or processed. The agency’s final regulatory text is expected to clarify the scope of data collection and any new operational requirements for border agencies.
Sources: Law360, Bloomberg Law
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By Cass Kennedy
