The Department of Homeland Security (DHS) has issued sweeping new guidance requiring all foreign nationals, including green card holders and other legal residents, to be photographed when entering or leaving the United States.
The expansion of the facial recognition system marks one of the most significant advances of federal biometric surveillance in years.
The rule, published this week in the Federal Register, directs U.S. Customs and Border Protection (CBP) to implement biometric data collection at every entry and exit point, by air, land, and sea.
CBP has already been using facial recognition at airports, but the new mandate expands the system nationwide, applying to all ports of entry and lifting several long-standing exemptions.
“This final rule amends Department of Homeland Security (DHS) regulations to provide that DHS may require all aliens to be photographed when entering or exiting the United States, and may require non-exempt aliens to provide other biometrics,” the rule summary states.
“The final rule also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure,” it continues.
“In addition, DHS is requesting comments on the specific collection process as well as costs and benefits for new transportation modalities.”
Expanded Biometric Surveillance
The new policy is designed to tighten identity verification and combat document fraud, according to DHS.
Officials say the expanded program will allow for faster and more secure border crossings while strengthening national security.
The regulation also removes previous age exemptions, authorizing CBP officers to collect facial recognition scans from travelers younger than 14 and older than 79.
“The exemptions in the current regulations for biometric collection based on the age of the individual (i.e., under 14 and over 79) were based on technological limitations on collecting fingerprints from children and elderly persons, as well as traditional law enforcement policies,” the policy reads.
The department said those age-based exemptions are no longer necessary due to advancements in facial recognition technology.
“These exemptions are not applicable to CBP’s facial comparison-based biometric entry-exit program, as the use of biometrics has expanded beyond criminal history background checks and now plays a vital role in identity verification and management, and combating the trafficking of children,” the rule states.
“Furthermore, internal CBP studies of biometric facial match accuracy, historical matching data, examination of biometric matching of ages under 14 and over 79, and CBP standard operating procedures associated with these ages no longer support exempting facial biometric collection from these populations.”
The rule notes that age exemptions will remain for other biometric methods, such as fingerprinting.
Implementation and Broader Context
The new policy takes effect December 26, extending DHS’s biometric entry-exit program to all foreign nationals who are not U.S. citizens.
The update is part of President Donald Trump’s broader immigration enforcement and national security agenda, which has prioritized stronger verification, expanded border surveillance, and modernization of immigration screening systems.
Under the Trump administration, DHS has argued that the use of biometric data, including facial recognition, is essential for tracking visa overstays, preventing human trafficking, and closing security loopholes at ports of entry.
Privacy and Policy Debate
While the administration maintains that biometric expansion is necessary to protect Americans and strengthen immigration enforcement, privacy advocates are likely to raise renewed concerns about data security, storage, and misuse.
The federal government already holds tens of millions of biometric records through CBP, the FBI, and the State Department, leading some watchdogs to warn that expanded use of facial recognition could blur the lines between law enforcement surveillance and immigration control.
Supporters argue that the rule simply levels the playing field, applying the same identity verification standards to all non-citizens entering or leaving the country, regardless of immigration status, to ensure accountability and border integrity.
With the new rule set to take effect just after Christmas, DHS has invited public comments on implementation costs and data safeguards as part of its phased nationwide rollout.
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