The system then compares the photo to a gallery that includes images of that person—either their passport photo for U.S. citizens or the photo taken of foreign nationals when they entered the country.
So those of us with dual nationality, who enter the US on our US passports and leave on our foreign passports, are going to get screwed. Lovely.
I don't see why. You don't show either passport to anyone when leaving the country. Instead they take your photo and compare it to the ones they have on file, which for a dual nationality citizen will include at least your passport photo.
I'm more surprised they don't want to physically stamp your passport. Even though they already have a record of you entering and exiting the country, they've always liked to have physical passport stamps. And losing those makes a material difference in the case where another country cares where you've been.
I am not a lawyer but I don't read that as you have to present your US passport to enter or leave. Only that you must have a valid US passport with you when you do so.
>(b) Citizens
>Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
So those of us with dual nationality, who enter the US on our US passports and leave on our foreign passports, are going to get screwed. Lovely.