FR 2021-02699

The document in question involves the U.S. Customs and Border Protection's (CBP) proposal focused on collecting biometric data, such as facial images, from non-U.S. citizens, or "aliens," entering and exiting the United States. Originally introduced in November 2020, the proposed rule seeks to enhance the ability of the Department of Homeland Security (DHS) to verify identities through improved technologies for more secure and efficient processing. As a public participatory step, CBP is reopening the comment period, inviting further input from the public until March 12, 2021.

General Summary

CBP's proposed rule details an effort to streamline and strengthen border control processes via biometric technologies. Specifically, the initiative aims to implement a comprehensive entry and exit screening system. The system, which plans to utilize facial recognition technology, will require biometric data, like photographs, from all non-citizens. While U.S. citizens are allowed to opt out voluntarily from this program, its main intent is to create a robust method that ensures identity verifications at various points of departure such as airports, land ports, and seaports.

Significant Issues and Concerns

Firstly, a critical issue not addressed in the proposal is the potential privacy implications associated with biometric data collection. Stakeholders might express concern over how their data will be stored, used, and protected against misuse or breaches. The document does not outline any measures to safeguard the considerable amount of sensitive information that will be gathered nor does it address how these privacy issues will be mitigated—which is increasingly pertinent in today's digital age.

Furthermore, the proposal's terminology might create confusion amongst the public. The term "aliens" could be misinterpreted outside of its legal context. Additionally, the document discusses "pilot programs" and "port limitations" without explaining these terms in a way that makes sense to individuals unfamiliar with existing immigration laws and procedures.

Impact on the Public

Broadly speaking, this regulation could affect many non-citizens who travel to and from the United States. While it intends to promote security, there might be apprehension related to privacy violations or misuse of personal data. Moreover, the system's efficiency and accuracy will be crucial to avoid possible inconveniences for travelers, like unnecessary wait times or errors in identity verification.

Impact on Specific Stakeholders

Positive Impact: For CBP and associated government agencies, the use of advanced biometric technology could mean streamlined operations and tighter security controls, potentially making customs processes faster and more secure. Businesses associated with technological development in this sector may benefit from increased demand.

Negative Impact: Conversely, privacy advocates and civil rights groups may raise alarms due to the lack of clear data protection strategies. Additionally, non-citizens might face heightened scrutiny or feel targeted by these measures. Individuals who are less technologically savvy may find the new requirements cumbersome and intrusive.

In conclusion, while the proposed rule has the potential to significantly enhance border security, it opens several fundamental issues, particularly concerning personal privacy and the handling of biometric data. It will be essential for public discourse during the comment period to address these challenges and for CBP to consider such feedback actively as it finalizes any implementation plans.