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Back on the agenda in Washington: a biometric exit system for travelers

New technologies 鈥 and a new commitment from Congress to fund them 鈥 are making a reliable exit system for visa holders viable.

In Washington, it's been a rare week of progress on what has been one of Congress鈥檚 more protracted issues: setting up an exit system to track the departure of people leaving the country.

For the first time, the Department of Homeland Security on Tuesday on how many people entering the United States overstay their visas. Congress has been requesting such data, repeatedly, over the past 20 years.

At the same time, the US Customs and Border Protection (CBP) deployed a biometric pilot program at John F. Kennedy International Airport in New York to test facial recognition on some returning US citizens 鈥 it's a bid to make such data more reliable. But that move may raise privacy concerns for some.

Lessons learned from this experiment 鈥渨ill inform the use of facial biometric matching during departure,鈥 DHS officials told a Senate oversight hearing on Wednesday.

This rush to show progress is, in part, the result of arm-twisting by a frustrated Congress.聽In December, Congress gave DHS 30 days to produce the report or lose $13 million in funding for the DHS secretary鈥檚 office, effective immediately.聽

But it also signals a change in how聽quickly new technologies 鈥 and a new commitment from Congress to fund them 鈥 are making a reliable exit system viable.

At this point, people coming in to the US with visas are checked upon entry, law enforcement checks are run, and "if applicable," biometrics such as fingerprints and photo are collected and matched with other DHS databases to identify those who pose a national security threat. But there's nothing in place, proponents say, for when they leave.

Having a biometric exit system would give law enforcement a more accurate sense of who overstays their visas and which ones might represent security concerns.

Such a system is an important start to identify weaknesses in the visa system, says Thomas Kean, former chair of the National Commission on Terrorist Attacks Upon the United States, known as the 9/11 commission, which led calls for a biometric entry-exit system. "The problem is not just how we're going to check them out when they leave, but how do we find out where they are if they don't leave."

Last month, Congress directed another $1 billion exclusively to a biometric exit system by increasing fees to be collected from those who apply for H-1B or L-1 nonimmigrant work visas.

When Congress first mandated entry-exit tracking, in a rewrite of US immigration law in 1990, the available entry-exit data was biographic, or name-based, and generally viewed as incomplete and unreliable. But after the 9/11 attacks, pressure for a biometric system intensified, especially after the disclosure that four of the 9/11 hijackers had overstayed their visas while planning the attack.

鈥淎 number of terrorists came in here on visas and just stayed and nobody knew it because we have, to this day, no way to check when they came in,鈥 Mr. Kean says.

The 9/11 commission recommended that DHS, 鈥減roperly supported by the Congress, should complete, as quickly as possible, a biometric entry-exit screening system.鈥 Kean says that in all his appearances before Congress, he never saw an objection.

In 2004, the CBP set up such a system at ports of entry, but the exit piece was never implemented.

鈥淭he main reason we haven鈥檛 seen a biometric exit system implemented is because neither the Bush administration or the Obama administration wanted to do it,鈥 says Jessica Vaughn, director of policy studies at the Center for Immigration Studies in Washington.

鈥淭hey were afraid that it would slow down the boarding of flights and be too expensive to implement, but the cost has come down significantly,鈥 she adds.

In this week鈥檚 report, DHS said that nearly 500,000 of those who came to the US on tourist or business visas stayed on after their visas expired.

鈥淚n other words, as of January 4, 2016, DHS has been able to confirm the departures of more than 99 percent of nonimmigrant visitors scheduled to depart in FY 2015 via air and sea POEs [ports of entry] and that number continues to grow,鈥 the report concludes.

That remaining 1 percent is as alarming to critics of US immigration policy on the right, as the 鈥渢op 1 percent鈥 is to critics of US income inequality on the left.

鈥淲hile the administration boasted that the overstays represented about 1 percent of nonimmigrant visitors who were supposed to leave the US in FY 2015, there were thousands of overstays from countries associated with Islamic terrorism 鈥 including 210 from Afghanistan, 681 from Iraq, 564 from Iran, 1,435 from Pakistan, 440 from Syria, and 219 from Yemen,鈥 .

Nor does the report hazard an estimate of how many people in the country illegally overall have overstayed their visas.

鈥淪ince an estimated 40-50 percent of unlawfully present foreign citizens (or 4.5-6 million) entered the United States legally and failed to leave the country when required, it is clear that operating on good faith is not the best way to ensure the integrity of our immigration system,鈥 writes Roy Beck in an op-ed in The Hill.

Other current events are raising the profile on creating a reliable exit system. The mass shooting in San Bernardino, Calif., last month renewed concerns about the US visa program 鈥 especially its inability to track those who come in legally but fail to leave.

The issue is also playing out in the presidential election.

In addition to calling for a US-Mexico wall 鈥 for which he plans to have Mexico foot the bill 鈥 GOP front-runner Donald Trump has called for criminal penalties for those who overstay a visa and 鈥 required by law but blocked by lobbyists.鈥

Sen. Jeff Sessions (R) of Alabama, who chaired Wednesday鈥檚 Senate panel, noted that there were more visa overstays last year than the population of any city in Iowa, New Hampshire, or South Carolina.

Asked (rhetorically) by Sen. Charles Schumer (D) of New York why he had chosen those three states to mention, Senator Sessions replied: 鈥淏ecause there are three elections coming up.... And perhaps when people go to their election they鈥檙e going to consider these type of issues.鈥

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