In a recent update, U.S. Customs and Border Protection (CBP) has revealed a major shift in border regulation, stating that all noncitizens will now be photographed upon both entry and exit from the United States. This development marks a significant advancement in biometric surveillance, as highlighted by immigration attorney Kate Lincoln-Goldfinch.

The new biometrics initiative is slated to commence on December 26, targeting visa and green card holders, temporary workers, and even children. The updated rules, which were published on Monday in the Federal Register, indicate that “non-exempt aliens” may be required to provide additional biometric data.

This rule further extends the collection of biometric information to individuals departing from airports, land crossings, seaports, and any other officially designated departure points.

Lincoln-Goldfinch points out that this broadened scope of surveillance raises substantial privacy concerns and the potential for profiling, issues that warrant careful consideration.

Lincoln-Goldfinch warn that this expansion raises significant privacy concerns and risks of profiling.

“The government cannot treat every noncitizen the same without scrutiny of individual facts and context,” she said. “We must ensure this rule comes with clear notice, constitutional safeguards, and minimal disruption to lawful travel.”

Lincoln-Golfinch, who is based in Austin, Texas, stated there are many other issues with this pending CBP program.

“There are also concerns with the software that at times, does not work properly with people of color. So, people with darker skin tones might suffer difficulties, but the overarching concern is about data privacy and surveillance.”

The data gathered by CBP could be held in storage for up to 75 years and shared with a number of unknown agencies, according to Lincoln-Goldfinch.

“Families must know what will happen with their data, how long it will be stored, and how to clear misunderstandings.”

And with biometrics gathered on the way out of the U.S., some worry people could be detained as they try to leave the county if their visa had expired or for any other reason.

“It’s within the realm of possibility that someone planning to leave the United States, it could be a challenge to get out and I think that makes everybody feel a little uncomfortable with what we’ve been seeing the ways things have been heading in last 10 months.”

On Friday, CBP said it will be using facial recognition technology to track non-citizens entering and leaving the country in order to combat visa overstays and passport fraud.

“I think everyone understands the need for border security and this country should know who is coming and going, but a lot of people are right not to trust the government is making careful decisions in ways they detain people,” Lincoln-Goldfinch said.

She believes the biometrics gathering program will likely face court challenges, in particular fourth amendment questions about unlawful search and seizure.

DHS is requesting comments on the specific collection process as well as costs and benefits for new transportation modalities.