By: Patricia Gannon, Esq.
For many years, the United States maintained biometric screening primarily at entry. Congress originally required an entry-exit tracking system in 1996, and the mandate was later expanded following the September 11, 2001, terrorist attacks to include biometric collection for foreign nationals. Today, U.S. Customs and Border Protection (CBP) uses facial recognition technology as part of its biometric exit program to verify the identities of travelers departing the United States by comparing a live image with government-held photographs, such as passport and visa photos.
Background on the CBP Biometric Exit Program
Congress first mandated the creation of an entry-exit tracking system in 1996 to record the arrivals and departures of foreign nationals. Following the September 11 attacks and the creation of the Department of Homeland Security (DHS), Congress expanded the program to require biometric collection to strengthen national security and improve immigration enforcement.
While biometric entry screening has been fully implemented for more than two decades, deployment of biometric exit controls lagged due to funding and operational challenges. Over the years, CBP tested various technologies at selected airports and ports of entry before gradually expanding the program nationwide.
How the Biometric Exit Process Works
CBP’s biometric exit system relies primarily on facial recognition technology. In most cases, the process takes only a few seconds and involves:
- Capturing a live facial image at the departure gate or inspection point;
- Comparing that image to photographs already on file with DHS, such as passport or visa photos;
- Confirming the traveler’s identity; and
- Recording the departure in DHS systems.
Unlike traditional fingerprint collection, the process is generally contactless and requires minimal interaction from the traveler.
Although the facial recognition process often appears seamless, it still constitutes a CBP inspection.
Depending on the circumstances, CBP may use the departure inspection to:
- Investigate outstanding warrants or unresolved law enforcement matters;
- Review prior immigration violations;
- Confirm the validity of immigration records;
- Address outstanding removal orders or other derogatory information;
- Cancel visas if CBP determines the traveler is no longer eligible; or
- Make annotations that could affect future admissibility to the United States.
Foreign nationals should assume that their departure from the United States is part of the U.S. immigration inspection process. Any unresolved immigration issue, record discrepancy, visa problem, outstanding removal order, or law enforcement concern could potentially be identified before boarding an international flight.
