DHS Proposes Fingerprinting upon Departure from the U.S.

The Department of Homeland Security (DHS) has proposed a new rule which would require airlines and certain ships to collect biometric information from departing non-U.S. citizens. This proposed rule comes to supplement the already established entry biometric procedures. The main difference would be that while the current entry biometrics are taken by the U.S. border agents, the departure biometrics would be taken by the airlines and then transmitted within 24 hours to DHS.

Currently, all airlines are already required to transmit to the DHS biographic information for all passengers prior to their departure from the United States, but just because someone has a ticket does not indicate with a level of certainty that the same person boarded a plane and left the country. Therefore, the new departure biometric system would provide a higher degree of certainty to DHS.

It is DHS’s intention to implement the air and sea biometric exit procedures by January 2009; such timeline would allow the DHS to maintain the Visa Waiver Program and if the new rule is not implemented by June 30, 2009, then DHS may not be able to extend the Visa Waiver Program to new countries.