The US Department of Homeland Security is misrepresenting federal law on its page of frequently asked questions about the biometric exit system that is currently being developed. In particular, they cite 8 CFR 235.1 and 8 USC 1185 as their authority for collecting biometric data of US citizens:
What authorities does CBP have to collect biometrics on U.S. citizens?
The authority to collect biometrics from U.S. Citizens is based on the outbound border search authority, and the requirement for all U.S. Citizens to be in possession of a valid U.S. passport. These authorities are included in 8 CFR 235.1 and 8 U.S.C. §§ 1185(b).
The most troubling of these claimed sources of authority is 8 CFR 235.1 (Scope of Examination), which seems like it might be relevant until one notices that it is a subpart of 8 CFR 235, Inspection of Persons Applying for Admission. Nothing it says is relevant to the question of what may or may not happen with persons seeking to depart.
Is the executive branch violating any law by making this claim?