PolicyBrief
S. 1871
119th CongressMay 22nd 2025
Emerging Innovative Border Technologies Act
IN COMMITTEE

This bill mandates the Department of Homeland Security to develop a comprehensive plan for identifying, testing, and responsibly deploying emerging innovative technologies to enhance U.S. Customs and Border Protection operations.

Catherine Cortez Masto
D

Catherine Cortez Masto

Senator

NV

LEGISLATION

New Border Tech Act Mandates DHS Plan to Scale Up AI, Drones, and Surveillance Within 180 Days

The Emerging Innovative Border Technologies Act is basically a mandate for the Department of Homeland Security (DHS) to hit fast-forward on modernizing border security using cutting-edge technology. Within 180 days of the bill becoming law, DHS must deliver a detailed plan to Congress outlining how U.S. Customs and Border Protection (CBP) will find, test, and deploy advanced tools like drones, AI, and new surveillance gear at ports of entry and along the border.

The Future of Border Screening: More Tech, Less Wait?

This bill focuses heavily on process, requiring CBP to formalize how it adopts new tech. It specifically calls for the creation or continued operation of 'CBP Innovation Teams.' Think of these teams as internal tech scouts, tasked with finding new commercial, privacy-enhancing tools—like better non-intrusive inspection equipment (muon tomography is mentioned, which is basically high-tech X-ray vision for cargo) or better communications gear—and seeing if they actually work for border patrol. The goal here is to speed up the process of moving from a cool idea in a lab to a fully operational system in the field. The bill requires a clear roadmap for 'scaling up' successful pilot programs into official, long-term CBP operations.

The Fine Print: Privacy and Civil Liberties

For anyone concerned about government surveillance, this section is crucial. The bill explicitly requires the DHS plan to include a detailed Impact Assessment on how these new technologies might affect people's privacy, civil rights, and civil liberties. Furthermore, CBP must coordinate with the DHS official responsible for Artificial Intelligence policy to ensure responsible use, and the Innovation Teams must work directly with the DHS Civil Rights and Civil Liberties Officer and the Privacy Officer. This is a significant check: it means that privacy and rights aren't meant to be an afterthought; they are supposed to be baked into the development process from the start. However, the effectiveness of this check hinges entirely on how rigorously those officers enforce the rules.

Who Pays and Who Benefits?

Before CBP can roll out any new technology on a large scale—say, new AI-driven surveillance cameras along a remote stretch of border—the Secretary of Homeland Security must conduct a cost-benefit check. This analysis must confirm that the deployment will result in 'measurable improvements to border security' compared to the cost. This is a smart safeguard against buying expensive gadgets that don't actually work in the real world. On the flip side, the bill also mandates that CBP look for ways to encourage the private sector, especially small businesses, to develop these new privacy-enhancing technologies. This is a clear signal to tech companies that the government is open for business and looking for innovative solutions.

Real-World Impact: More Scrutiny at the Gate

For regular people crossing the border or entering a port of entry, this bill means one thing: more technology and potentially more scrutiny. While the goal is efficiency (imagine faster cargo screening or quicker processing lines), the trade-off is increased surveillance. The bill focuses on technologies like sensors, drones, and non-intrusive inspection gear. If you’re a truck driver bringing freight across the border, you might see new inspection techniques. If you’re traveling through an airport, you might encounter new AI-assisted screening processes. The challenge for DHS will be ensuring these new tools don't create new bottlenecks or infringe on the rights of travelers and residents, even as they attempt to modernize their operations. The bill sets the framework, but the real test will be in the execution of the 180-day plan.