Republican Senator Josh Hawley of Missouri has expressed concern over a reported initiative by the Transportation Security Administration (TSA) that allows migrants to use the CBP One app to verify their documentation when boarding airplanes, bypassing the need for a photo taken by the agency.
In a letter to TSA administrator David Pekoske, obtained first by Fox News Digital, Hawley voiced his apprehension about the collaboration between TSA and Customs and Border Protection (CBP) that permits migrants to use the CBP One app for validating their travel documents.
Hawley stated, "This practice not only undermines the rule of law but also raises significant security concerns for commercial airflight."
The CBP One app has been in use since January of the previous year, initially allowing migrants who present themselves at a port of entry to be admitted due to an exception from the Title 42 public health order. Since May, it has been used to parole migrants into the U.S. as part of the Biden administrations expansion of "lawful pathways." The app enables migrants to upload a photograph and provide additional information before their appointment.
CBP has emphasized that individuals who have entered the country are vetted using biographic and biometric information, and those who are paroled have already provided a photograph. While parolees are not in the country illegally since they have been paroled, Republicans have argued that the CBP One app is being used to admit otherwise illegal immigrants. Hawley has previously characterized the app as a "concierge service" for illegal immigration.
Previously, the TSA had approved the use of civil arrest warrants and deportation orders to allow migrants, including those in the country illegally, to board planes. Pekoske informed Hawley last year that fewer than 1,000 migrants had been allowed to board planes under this provision.
However, conservative commentator David Rubin recently posted an image on social media showing a sign, allegedly at Miami International Airport, which reads, "TSA is partnering with CBP to test the use of CBP One at certain TSA checkpoints to validate adult non-U.S. citizen travel documentation when the traveler does not otherwise have an acceptable form of identification."
The sign further explains that the individual must notify an officer, have an optional photo taken, and provide either their alien identification number or biographical information. The sign emphasizes that the individual may decline to have a photo taken but must still provide the information, which is then verified through CBP One.
Hawley expressed his outrage at the report, stating, "Millions of Americans are subject to the TSA screening process, which is often a burdensome, long inconvenienceand which includes photo identification. But every day, Americans take on this burden to increase the safety of their fellow passengers."
He continued, "Therefore, it makes no sense to give special privileges to illegal immigrants, who should not even be allowed in the United States in the first place, let alone allowed to board U.S. aircraft. This is symbolic of the Biden Administrations prioritization of open border policies over Americans safety."
Hawley has previously questioned the TSA over the practice of allowing migrants to provide typically insufficient documentation, such as arrest warrants, as ID. He is seeking information on which DHS component developed the policy, how many immigrants have used it and been allowed to board aircraft, and a request for related documentation.
In response to a query about the screening practice, TSA told Fox News that it does not screen upon entry into the U.S. and that all passengers have the right to opt out of automated facial recognition.
A spokesperson for the agency said, "If a noncitizen opts out, as part of identity verification, TSA checks the live face against a photo taken by CBP upon encounter to ensure that they are the same person. If identity is confirmed, the noncitizen receives enhanced physical screening of their person and property."
The spokesperson added, "All individuals without an acceptable form of identification go through a stringent identity matching process and then receive additional screening before being allowed to proceed to his or her flight. Additionally, TSA denies boarding to all noncitizens whom TSA cannot match to government holdings."
Pekoske had previously defended the practice of allowing arrest warrants to be used when questioned by Hawley. He said, "These individuals who have these arrest warrants, these arrest warrants were issued by Border Patrol or a customs officer, and they serve as a beginning of our identity verification process so you can't walk up to a checkpoint, wave that form and then go right through into screening."
The agency has also stated that any such document will then be validated via an "alien identification number" that involves personally identifiable information being checked against a number of CBP databases, including the CBP One mobile application and TSAs National Transportation Vetting Center.
"To confirm the identity of an individual and ensure they are not on the no-fly list or pose a known threat to public safety or national security, TSA verifies the identity of every traveler before they are permitted to enter the secure area of an airport," a statement from TSA said.
Pekoske added, "We arent looking at whether a person is legal or illegal in the country. Our role is to make sure that people who may pose a risk to transportation that is significant enough to require enhanced screening or to not allow them to fly."
Hawley's letter comes as the migrant crisis enters its third year, with record numbers recorded at the border. There were more than 302,000 migrant encounters in December, and DHS Secretary Alejandro Mayorkas recently informed agents that over 85% were being released into the interior.
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