Sec. 5. One hundred percent exit tracking for all United States visitors
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The Secretary of Homeland Security shall integrate the records collected through the automated entry-exit control system referred to in section 4(b)(1)(E) into an interoperable data system and any other database necessary to correlate an alien’s entry and exit data. Before the departure of outbound aliens at each point of entry, the Secretary shall provide for cross-reference capability between databases designated by the Secretary under subsection
(a)to determine and record whether an outbound alien has been in the United States without lawful immigration status. The Secretary shall maintain readily accessible entry-exit data records for immigration and other law enforcement and improve immigration control and enforcement by including information necessary to determine whether an outbound alien without lawful presence in the United States entered the country through— unauthorized entry between points of entry; visa or other temporary authorized status; fraudulent travel documents; misrepresentation of identity; or any other method of entry. While documenting the departure of outbound individuals at each land point of entry along the Southern or Northern border, the Secretary may not— process travel documents of United States citizens; log, store, or transfer exit data for United States citizens; create, maintain, operate, access, or support any database containing information collected through outbound processing at a point of entry that contains records identifiable to an individual United States citizen. The prohibition set forth in paragraph
(1)does not apply to the records of an individual if an officer processing travel documentation in the outbound lanes at a point of entry along the Southern or Northern border— has a strong suspicion that the individual has engaged in criminal or other prohibited activities; or needs to verify an individual's identity because the individual is attempting to exit the United States without travel documentation. Subject to the prohibition set forth in paragraph (1), the Secretary may provide for the confirmation of a United States citizen's travel documentation validity in the outbound lanes at a point of entry along the Southern border. Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the infrastructure needs for each point of entry along the Southern border to fulfill the requirements under this section, including— a description of anticipated infrastructure needs within each point of entry; a description of anticipated infrastructure needs adjacent to each point of entry; an assessment of the availability of secondary inspection areas at each point of entry; an assessment of space available at or adjacent to a point of entry to perform processing of outbound aliens; an assessment of the infrastructure demands relative to the volume of outbound crossings for each point of entry; and anticipated wait times for outbound individuals during processing of travel documents at each point of entry, relative to possible improvements at the point of entry. The Secretary may not designate an outbound United States citizen for secondary inspection or collect biometric information from a United States citizen under outbound inspection procedures unless criminal or other prohibited activity has been detected or is strongly suspected. If the Secretary determines, at a point of entry along the Southern border, that an outbound alien has been in the United States without lawful presence, the Secretary shall— collect and record biometric data from the individual; combine data related to the individual's unlawful presence with any other information related to the individual in the interoperable database, in accordance with paragraphs
(4)and
(5)of subsection (b); and except as provided in subparagraph (B), permit the individual to exit the United States. An individual shall not be permitted to leave the United States if, during outbound inspection, the Secretary detects previous unresolved criminal activity by the individual. Nothing in this Act, or amendments made by this Act, may be construed as replacing or repealing the requirements for biometric entry-exit capture required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1221 note).
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- Pub. L. 104-208
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Sec. 5
One hundred percent exit tracking for all United States visitors
Pub. L.Pub. L. 104-208
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