A claim about facial recognition at the US border has been circulating among creators and escorts in recent months. Here is what’s established, what some creators are saying, and what the law lets a border officer do.
What’s on the Record: Biometric Tools
Change.org recently reported on a viral social media post from model and “luxury companion” Gigi Lenoir, whose friend was pulled aside at the US border, shown printouts of her website, and banned from the US for five years. Lenoir’s conclusion? “Facial recognition is out of control.” But are they really targeting the adult industry?
Following the online chatter, Josef Burton, a former State Department official who handled visa work, published a piece in Reason that raised more concern. Burton asked US Customs and Border Protection (CBP) whether it actually uses facial recognition to identify sex workers and a spokesperson didn’t deny it, but he also didn’t confirm it specifically. The agency said it uses technology, “including biometric tools,” to support lawful border security operations.
Who’s Getting Flagged?
In the story, Burton also reported on a US-citizen sex worker who was sent to a secondary screening with no explanation. An officer—who did not say which agency he was from—questioned her, searched her bags, asked about her travel patterns, income and her addresses. Burton, drawing on his government experience, said all of these factors suggest a computer program flagged her.
No document has surfaced showing a system built to find sex workers in particular, but discrimination at the border is nothing new. LGBTQ Nation reported in April on a man who believes he was flagged at the border by facial recognition software, as well. The Daily Beast investigation that followed his charge wasn’t conclusive about what happened and suggested it might have been an overzealous border agent rather than software, but it did raise questions about who gets flagged and who doesn’t.
What the Law Says
Under the Immigration and Nationality Act, a person is inadmissible if they have engaged in prostitution within 10 years of applying for a visa or admission. This is a decades-old law, not a new policy. The gray area here is that “prostitution” is vaguely defined in this context. As Reason reported, the vague definitions of sex work have led to inconsistent enforcement. Online-only creators are not covered, but nothing here guarantees they are exempt, and officers have discretion at the desk.
And their decisions may be arbitrary. The same government that can bar someone for a decade also grants visas to creators. According to Hyperallergic, immigration lawyers say that that influencers and OnlyFans models are frequently applying for visas for “extraordinary ability” in the arts (0-1B), and as Burton pointed out in the piece, the system seems to bend for those who can afford a lawyer. For its part, USCIS has pushed back on the idea that it prioritizes such applications, telling Newsweek the reports were “absurd.”
Paperwork and Preparation
Platforms such as OnlyFans and Fansly require ID or passport details for payouts and these records exist whether or not an algorithm is involved. If traveling is a concern, cover your bases. If you’ve done adult work, especially face-out work, and are not a US citizen, speak to an immigration attorney before applying for a visa or leaving your country. Do not assume that working online only keeps you safe. For the most part, this issue hasn’t been a big problem (yet), but it’s always good to be prepared. Wet Ink will update this story if as it develops or if CBP, a court, or Congress says more about the topic.
