Senators Mike Lee (R-UT) and Ed Markey (D-MA) have sent another joint letter to Secretary of Homeland Security Kirstjen Nielson renewing their objections to requiring US citizens to submit to mug shots (“facial recognition”) as part of a DHS “biometric exit” program for identifying and tracking international travelers departing from US airports and seaports.
The letter sent last Friday is a follow-up to an earlier letter six months ago, in which the Senators told the DHS that such a requirement for US citizens is “facially unauthorized”:
Most crucially, while Congress has repeatedly voted to authorize biometric entry-exit scanning of foreign nationals, it has never authorized biometric exit screening for U.S. citizens. In fact, Congress has pointedly neglected to authorize DHS to use the program on U.S. citizens for any purpose. Additionally, while airport infrastructure may not be conducive to separate boarding procedures for U.S. citizens and non-citizens, convenience should not be placed above congressionally mandated requirements. We are concerned that the use of the program on U.S. citizens remains facially unauthorized.