Should US Airport Facial Scans be Illegal?

Image: PHOTO: A new facial scan program is being implemented at airports to identify visitors who have overstayed visas. (photo courtesy of Thinkstock)
Image: PHOTO: A new facial scan program is being implemented at airports to identify visitors who have overstayed visas. (photo courtesy of Thinkstock)
Mia Taylor
by Mia Taylor
Last updated: 4:20 AM ET, Wed January 3, 2018

A pilot program being conducted by the Department of Homeland Security that involves conducting facial scans of international airline passengers may be a violation of privacy.

A new report from the Center on Privacy and Technology at Georgetown University's law school described the scans as an invasive surveillance tool, according to The New York Times.

The scanners were installed by DHS at nearly one dozen airports without going through a required federal rule-making process, the newspaper reported.

The pilot program is aimed at identifying those who have overstayed their visas in this country. To do this, customs officers are now stationed at boarding gates where they scan travel documents and take pictures of passengers.

The pictures are matched against a facial scan that foreign visitors were required to submit to Customs and Border Protection when they entered the country or from their visa application, according to a separate report in The New York Times. In addition, the passenger's information is also run through law enforcement and intelligence databases.

The new report says that, in an attempt to identify travelers who have overstayed visas, the program is improperly gathering data on Americans.

In order to develop the report, the authors reviewed dozens of Department of Homeland Security documents. The findings include that the technology had high error rates and is subject to bias because scans do not always correctly identify women or African-Americans.

"It's telling that DHS cannot identify a single benefit actually resulting from airport face scans at the departure gate," Harrison Rudolph, an associate at the center and author of the report, told The New York Times. "DHS doesn't need a face-scanning system to catch travelers without a photo on file. It's alarming that DHS still hasn't supplied evidence for the necessity of this $1 billion program."

Government officials meanwhile are defending the system. The deputy executive assistant commissioner for field operations at Customs and Border Protection, John Wagner, told The New York Times that American travelers can ask to be inspected in other ways, opting out of the facial scan.

In addition, Wagner said, that as much as 90 percent of the scans have correctly identified faces, contrary to the report's claims that there were gender and racial bias issues.

The facial scans are not the only new screening program or technology appearing in airports these days.

DHS is also beginning to implement a biometric exit system that uses facial recognition scanning, according to The New York Times. It will eventually be used at all American airports where there are international flights. This program is also expected to cost as much as $1 billion, an amount that is to be paid by various visa fee surcharges.

Visitors who have overstayed their visas are the largest number of people in the United States illegally, the newspaper reported. Government officials have asserted that if they can better track who has left the country, they will be able to determine who remains here beyond their limit of their visas.

The Department of Homeland Security reported that about 629,000 visitors to the United States last year remained in the country after their visas expired.


For the latest travel news, updates and deals, subscribe to the daily TravelPulse newsletter.

Topics From This Article to Explore

More From TravelPulse

Related Videos

Mia Taylor

Mia Taylor

Senior Editor

Mia Taylor is an award-winning journalist who has two decades of experience. Most recently she worked as a staff writer for America's largest digital publisher DotdashMeredith, where she contributed stories on a daily basis to four of the company's most iconic brands - Parents,Real Simple, Better Homes & Gardens, and Health. Her work has also appeared in Travel + Leisure, The Boston Globe, The San Diego UnionTribune, Westways Magazine, Fortune, and more.

Grow Your Travel Business With Certified Courses

Travel Agent Academy
Travel Agent Academy
Majestic Resorts Specialist ProgramDiscover all-inclusive luxury at Majestic Resorts in paradise.
Travel Agent Academy
Travel Agent Academy
Allianz Specialist ProgramProtect every journey with Allianz Partners Travel Insurance.
Travel Agent Academy
Travel Agent Academy
Los Cabos Specialist ProgramSell the magic of Los Cabos: luxury, adventure, and endless sunshine.
Travel Agent Academy
Travel Agent Academy
Majestic Resorts Specialist ProgramDiscover all-inclusive luxury at Majestic Resorts in paradise.
Travel Agent Academy
Travel Agent Academy
Allianz Specialist ProgramProtect every journey with Allianz Partners Travel Insurance.
Travel Agent Academy
Travel Agent Academy
Los Cabos Specialist ProgramSell the magic of Los Cabos: luxury, adventure, and endless sunshine.

Don't Miss These Travel Agent Events and Trainings

Watch Now!
Authentically Mediterranean: Discover Celestyal’s New Western Mediterranean Itineraries & Iconic ClassicsTuesday, July 21, 2026
2:00pm Eastern
The Mediterranean is more than just a destination, it’s our home. Join Celestyal to learn why we are...
Watch Now!
July The Travel Corporation WebinarTuesday, July 21, 2026
2:00pm Eastern
Save your spot for this upcoming webinar! Details coming soon!
Upcoming Webinar
Sani/Ikos Group: Luxury Beachfront Resorts in Greece & SpainTuesday, July 28, 2026
2:00pm Eastern
Join us for an exclusive webinar introducing Sani/Ikos Group, a collection of luxury beachfront...
Watch Now!
Authentically Mediterranean: Discover Celestyal’s New Western Mediterranean Itineraries & Iconic ClassicsTuesday, July 21, 2026
2:00pm Eastern
The Mediterranean is more than just a destination, it’s our home. Join Celestyal to learn why we are...
Watch Now!
July The Travel Corporation WebinarTuesday, July 21, 2026
2:00pm Eastern
Save your spot for this upcoming webinar! Details coming soon!
Upcoming Webinar
Sani/Ikos Group: Luxury Beachfront Resorts in Greece & SpainTuesday, July 28, 2026
2:00pm Eastern
Join us for an exclusive webinar introducing Sani/Ikos Group, a collection of luxury beachfront...