Border Act Proposes Mandatory Terrorist Screening, Detention for All Foreign Arrivals

The 'Identifying Potential Terrorist at the Border Act of 2025' introduces a significant change to entry procedures for non-U.S. citizens. If enacted, this bill would require U.S. Customs and Border Protection (CBP) officers to check every foreign national seeking entry against the federal 'terrorist screening database'. Critically, the bill mandates that these individuals must be kept in custody until this screening process is fully completed. The legislation specifically references the definition of the 'terrorist screening database' found in section 2101 of the Homeland Security Act of 2002.

Universal Checks, Universal Waits?

This proposal marks a shift towards universal screening against the terrorist database for all foreign nationals, regardless of their origin or perceived risk level. The core requirement is straightforward: Section 2 mandates the database check and subsequent custody hold for every foreign individual upon arrival. This means anyone from international students and tourists to business travelers and family visitors would undergo this process before being formally admitted.

The most immediate practical implication stems from the dual requirement of checking everyone and holding them until the check clears. This process could introduce significant logistical hurdles at ports of entry. Imagine airports or land border crossings processing potentially thousands more mandatory checks daily, each requiring confirmation before the individual can proceed. This raises questions about potential increases in wait times and the resources needed to manage this expanded screening protocol efficiently. Furthermore, the mandate to keep individuals 'in custody' pending clearance warrants attention, as the practical conditions and duration of such holds could vary, particularly if database checks encounter delays or errors.