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Will Trump’s biometric entry-exit system be as controversial as his travel ban? By Nolan Rappaport

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  • Will Trump’s biometric entry-exit system be as controversial as his travel ban? By Nolan Rappaport

    International ports in the U.S. are developing a biometric entry-exit system to verify travelers.

    It’s a little-known provision in the executive order that President Trumpissued to establish his travel ban, and had to go all the way to the Supreme Court to defend.

    I predicted the travel ban when Trump was still a candidate for the presidency, and I anticipated the religious discrimination challenge. I even provided a blueprint for dealing with that argument which turned out to be prescient too.

    I did not anticipate, however, that the federal courts would flout precedent to block the travel ban. According to Eric Posner, a professor at the University of Chicago Law School, the courts created a “Trump exception” to settled law on presidential powers.

    I wonder what the reaction is going to be to Trump’s biometric entry-exit system.

    Unlike the travel ban, which just applied to aliens seeking admission to the United States, Trump’s biometric entry-exit tracking system will apply also to American citizens. The facial recognition technology that the system uses to identify travelers leaving the country will be used to identify American citizens too, unless they request an alternative means of verifying their identities.

    And this time, the federal courts would not have to base their decisions on extemporaneous campaign statements and late-night tweets.

    The executive order requires DHS to expedite the development of the biometric entry-exit screening system recommended by the 9-11 Commission.

    The commission advised against exempting American citizens.


    Published originally on The Hill.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.
    Last edited by Nolan Rappaport; 09-02-2018, 03:45 PM.
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