The US Department of Homeland Security (DHS) aims to directly access European Union (EU) member state databases to screen travelers before they enter the country, according to documents obtained by Statewatch.
However, confusion reigns around exactly what is being proposed and whether agreements should be negotiated by national governments or EU institutions.
Under the DHS plan, known as the Enhanced Border Security Partnership (EBSP), authorities would check travelers’ fingerprints against criminal and terrorist watchlists.
The US also intends to store data collected from foreign nationals in its own databases like IDENT/HART.
Several EU countries have already entered bilateral negotiations with the US over the proposals.
Talks are said to be at “different stages” across various member states.
Legal Uncertainty Creates Implementation Issues
A note authored by the Belgian Presidency of the Council of the EU in January 2024 admits there is currently “no clear understanding whether negotiating on the EBSP is a Union or a Member State’s competence.”
This legal uncertainty makes it difficult to determine whether the European Commission should seek an EU-wide mandate or leave individual states to strike their own deals with Washington.
There are also open questions about precisely which databases the US is aiming to access, the methods of access sought, and the purposes for which information would ultimately be used.
Given the confusion, EU member states have so far failed to agree on a joint approach.
However, there is consensus on the need to coordinate discussions in the Council Working Party on Justice and Home Affairs Information Exchange (IXIM).
US Embassy Meeting Seeks to Provide Clarification
To help clarify its plans, the US has proposed an “informal information meeting” between American officials, EU institutions, and member states.
The Belgian Presidency has called on countries to submit all outstanding questions on the EBSP proposals ahead of the meeting.
The document says the gathering is a chance for states to “receive identical information simultaneously from the US,” suggesting Washington has so far provided differing accounts of its policy asks to different governments.
The Presidency has urged member states already in bilateral talks with the US to share details on negotiations within IXIM discussions in the interests of transparency.
2027 Deadline Feeds Urgency Around US Demands
The US has set a 2027 deadline for full implementation of the expanded biometric border screening proposals.
Given the scale of legal and technical preparations required, the Belgian Presidency notes the “need for clarity and stronger coordination” is becoming more urgent.
A “common vision” of a “way forward” is required between the EU and member states to meet Washington’s deadline, according to the document.
However, no mention is made of whether the European public will receive any further details on proposals allowing US authorities access to their data.
ETIAS and Visa Rules Could See Changes
The EU’s upcoming ETIAS scheme, set to launch in May 2025, may need to adapt to expanded US data access demands.
All visa-free visitors to the Schengen Area will require pre-travel ETIAS authorization under rules entering force next year.
If the EBSP proposals are implemented in their current form, the data of millions of ETIAS applicants could end up being directly available to US immigration authorities each year.
Longer-term migrants like families, students, and digital nomads may also face greater background checks before entering the US.
Tighter Borders Spark Immigration Debate
Broader questions around EU border security and immigration regimes could be sparked by American data demands.
Rules on the Schengen Area's external frontiers, along with national policies on visas and migrant flows, may come under pressure to align with Washington’s tightened approach.
As transatlantic tensions have risen on issues from trade to tax in recent years, immigration and cross-border data flows may provide the latest flashpoint between Brussels and the White House over policy divergence.
A Long Road Ahead
While the US border security plans clearly demand detailed consideration, negotiations look set to drag on given the current lack of clarity from Washington and mixed messages being provided to different EU governments.
If member states are to meet the 2027 target implementation date, rapid consensus-building is required on central questions around legal competencies, methods of access, data use purposes, and fundamental rights protections.
With the privacy of European travelers at stake, the public also deserves far greater transparency on proposals allowing external authorities access to national and EU databases.
Achieving widespread agreement could yet prove a major challenge.