U.S. Homeland Security officials faced a barrage of questions on Wednesday from House lawmaker scotch — as several put it — over the alleged lack transparency exhibited by Customs and Border Protection ( CBP ) when it comes to the legally muddy usance of face recognition tools at U.S. ports of accounting entry .

The auditory modality before the House Homeland Security Committee was overcast by a series of news reports detail the ostensible mining of U.S. motorists ’ picture by Department of Homeland Security agents in multiple state without a judge ’s approval , as well as a recent datum breach that CBP seek , and largely go wrong , to minimize to the populace .

Chairman Bennie Thompson , Democrat of Mississippi , draw up the hearing as an opportunity to address the world ’s malaise over Homeland Security ’s function of face realization ; in especial , whether CBP has acted in excess of its statutory authority by scanning the faces of U.S. citizen at the border — voluntarily or not .

A U.S. Customs and Border Protection officer helps a passenger navigate  facial recognition kiosks at a United Airlines gate before boarding a flight to Tokyo, at George Bush Intercontinental Airport, in Houston.

A U.S. Customs and Border Protection officer helps a passenger navigate facial recognition kiosks at a United Airlines gate before boarding a flight to Tokyo, at George Bush Intercontinental Airport, in Houston.Photo: David J. Phillip / Associated Press

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Experts wide agree the technology is prone to misplay , peculiarly when use to charwoman and citizenry of color , as studies have repeatedly shown . It is not fair , Thompson said , that sure Americans are expected to “ shoulder a disproportionate burden of the technology ’s defect . ”

“ Before the government deploy these technology further , they must be scrutinized and the American public ask to be given a chance to weigh in , ” tell the president , echoing the unanimous public opinion of a panel of pedantic and civic society experts who , while testify before lawmaker this May , address on Congress to “ push the intermission button ” on brass recognition and its largely unregulated use by Union and state police enforcement agencies .

Argentina’s President Javier Milei (left) and Robert F. Kennedy Jr., holding a chainsaw in a photo posted to Kennedy’s X account on May 27. 2025.

The central focus of Wednesday ’s hearing was not the account ofsexual abuse and retaliationat an Arizona CBP facility revealed by NBC News tardy Tuesday , but the question of whether CBP has exceeding its legal authority to utilise boldness credit at U.S. boundary line and aerodrome . That authority does not extend to collecting biometric data on U.S. citizen , though the expression of many are being scanned nonetheless .

Under current police force , CBP is permitted only to pull in the biometric information of alien nationals through what ’s known as the Biometric Exit Program . However , CBP is nevertheless scan the side of Americans at port of accounting entry in a pilot program designed to determine whether traveler are or are not foreign nationals .

The difference , John Wagner , the deputy executive assistant commissioner of the agency ’s Office of Field Operations , bear witness Wednesday , is that photos of Americans are deleted by CBP after a period of 12 hour . ( In the interim , the exposure are held by the office ’s Office of Biometric Identity Management . ) Americans may also choose - out of participating in the facial comparability process , in which case , alternative means of verifying their identicalness and documents are used .

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“ U.S. citizen are clearly outside the setting of the biometric accounting entry - way out trailing . The technology we ’re using for the entry - exit broadcast we ’re also using to validate the identity of the U.S. citizen , ” Wagner say . “ Someone has to do that . ”

CBP reason this specific use of side credit does not equate to an expansion of its subsist biometric entry - exit authority . But many members of Congress disagree . Ina letterlast month , nearly two dozen stated that CBP ’s current operation do not permit travelers “ needful innovative bill to make an informed decision on their willingness to participate ” in the look realization course of study .

The ultimate enquiry of whether CBP is operating within the scope of the Biometric Exit Program stay open as of Wednesday . rather , Johnson and other oversight committee member quest access to the written policies and effectual disputation CBP relied on to state U.S. citizen to biometric CAT scan .

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“ Using data that traveller voluntarily provide , we are simply automating the manual identity element verification process done today , ” Wagner said .

Face comparison , he added , allows CBP to comfortably distinguish travelers using falsified document or assay to evade shield for enter the U.S. , “ including those who present public safety or interior protection threat , ” in summation to visitors who ’ve “ overstayed their authorized stop of admission . ”

A disjoined highlight of the sense of hearing was Wagner ’s insistence that CBP has not see the same demographic - based errors repeatedly uncovered by expert studies conducted in the United States . An MIT work in January , for instance , determined that face recognition software marketed by Amazon to jurisprudence enforcement agenciesmisidentified womanhood as men19 percent of the clip . That number jumped to 31 percent for darker - skinned women . Other studies have hadsimilar solution .

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“ So I get it twice , ” say Congresswoman Sheila Jackson Lee , a Democrat of Texas , who is African American . She direct to a field conduct by the American Civil Liberties Union ( ACLU ) last class in which Amazon ’s face identification puppet , Rekognition , falsely pair 28 members of Congresswith criminal mug shot . lawgiver in the written report who are mass of color only made 20 percent of the sample , yet were falsely matched 39 percent of the time .

“ In a reexamination of our data , we are not consider any meaning mistake rate that attributable to a specific demographic , ” Wagner testified , attributing CBP ’s allegedly bias - free system to the high quality of its photos . ( Notably , ACLU ’s tryout used professional headshots of lawmaker and police mug shot . )

Wagner ’s assertions about CBP ’s bias - free capabilities was repeatedly sabotage by the testimony of another witness : Charles Romine , music director of the info engineering science laboratory at the National Institute of Standards and Technology .

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“ The [ impact ] of those demographic consequence is diminishing , ” Romine testified , thanks mostly to the advent ofconvolutional neuronic networks . But presumably , face recognition tools will always show some form of bias . “ It is unlikely that we will ever achieve a point where every single demographic is very in operation across the board , whether that ’s age , slipstream , or sex , ” he said .

The goal is to have it away , he said , “ exactly how much the difference is . ”

Face Recognitionhomeland securitySurveillance

Photo: Jae C. Hong

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