Congress demands transparency on border biometric system—but preserves DHS's power to expand it
H.R. 8371 — Reform Immigration Through Biometrics Act · Filed by Byron Donalds (R-FL) · Introduced Apr 20, 2026 · Referred to committee
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What it does
This bill requires the Department of Homeland Security to report within 180 days on how it is implementing a biometric entry-exit system at U.S. borders—specifically how it collects fingerprints and facial recognition data from travelers, matches that data against existing government records, and manages the system's impact on wait times and trade flow. The bill also requires reporting on data-sharing with Canada and privacy protections for U.S. citizens, while explicitly preserving DHS's authority to collect biometrics in other contexts and to charge user fees.
Why we flagged it
The bill's operative mechanism is a reporting requirement on an existing biometric entry-exit system. It does not create new authority or mandate new collection; it mandates disclosure of how the system is functioning and its impacts on travel, trade, and privacy.
What the text implies
- The bill's requirement to report on 'privacy protections for U.S. citizens with regard to facial recognition' (while excluding citizen biometric data from the report itself) suggests an asymmetry: non-citizens' biometric data is reportable and matchable; citizens' is not. This may entrench a two-tier privacy regime.
- The 'savings clause' preserving DHS authority to collect biometrics 'in circumstances other than as specified in this section' and to charge user fees (per COBRA 1985) leaves the door open for expanded collection and monetization beyond the entry-exit system without further congressional action.
The full analysis lists 4 implications of this text.
Who stands to gain
biometric technology vendors (facial recognition, fingerprint scanning hardware/software); systems integrators and IT contractors managing CBP infrastructure; data management and cloud service providers