Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States
Privacy and Security in Official Photos
This guide explains how the Department of Homeland Security (DHS) uses photographs and facial biometrics in the biometric entry-exit program, highlighting requirements, validation, preparation, and compliance to help travelers avoid common mistakes and protect privacy and security when official photos are collected and used by DHS
DHS is implementing an integrated biometric entry-exit system that compares biometric data collected at arrival with biometric data collected at departure to verify identities, reduce fraud, and identify overstays, and that system specifically includes the collection of photographs from aliens upon entry and departure as part of that process
Facial comparison technology is identified by CBP as the current best available method for biometric verification because it is accurate, unobtrusive, and efficient, and the rulemaking describes a facial comparison–based entry-exit process that relies on photographs for identity verification
What is collected: the final rule and supporting materials describe the collection of photographs (biometrics) from aliens entering and departing the United States; these photographs are used to perform facial comparisons to confirm that the traveler is the true bearer of the travel document presented
Where photos may be collected: DHS has tested and is implementing facial biometric collection across multiple transportation modalities including simplified air arrival processes, sea entry processes, and pedestrian entry at land ports, and the rulemaking references tailored collection processes for those modalities
Why photos matter: the facial comparison-based system provides a reliable way to verify identity, prevent visa fraud and fraudulent use of legitimate travel documents, reconcile errors or incomplete biographic data, and strengthen national security by improving border crossing records
Validation and matching: collected photographs are compared against arrival or departure records (gallery building and matching) as part of the facial comparison process; the system is intended to match records, including biographic data and biometrics, to determine departures and arrivals accurately
No-match and alternative procedures: the rulemaking recognizes that there will be "no match" situations and includes provisions for no-match procedures and alternative procedures with public notice, meaning travelers may be subject to follow-up steps if a photographic match is not achieved
Privacy, PII, and oversight: DHS explicitly references privacy and related analyses in the rulemaking (including Privacy Impact Assessments (PIA), System of Records Notices (SORN), and other privacy-related authorities), and the rulemaking addresses how personally identifiable information (PII) is handled in the program
Public participation and transparency: DHS invited public comments on the specific collection processes and stated that all comments received will be posted without change to regulations.gov, including any personal information provided, underscoring the importance of reviewing public materials and notices before applying or traveling
Preparing for photo collection — practical step 1: keep your travel documents current and ensure the person pictured on your travel document reasonably matches your current appearance so facial comparison can more easily verify you as the document bearer
Preparing for photo collection — practical step 2: review and confirm your advance passenger information and biographic data when required, because the biometric program relies on accurate biographic data to reconcile records and reduce mismatches during face comparisons
Preparing for photo collection — practical step 3: when traveling through air, sea, or land ports, follow posted procedures and instructions for biometric collection and be prepared for entry and exit photo capture as part of the official collection process described in the rulemaking
Compliance tips — practical step 4: cooperate with lawful biometric collection when required; the DHS rulemaking confirms statutory authority to require biometrics from aliens and explains that collection is part of inspection and travel-control authority under immigration law
Compliance tips — practical step 5: if a “no match” occurs, follow the alternative or secondary procedures described in port guidance and public notices; the rulemaking anticipates these procedures and provides frameworks for follow-up to resolve mismatches
Avoiding common mistakes — practical step 6: do not assume arrival-only biometric capture is sufficient; the final rule implements both entry and departure photo collection to ensure accurate matching of arrival and departure events, so plan to provide biometrics on departure as directed
Avoiding common mistakes — practical step 7: when submitting comments or questions about collection procedures, reference specific portions of the rule and include data or authority to support changes; DHS will post comments publicly and uses them to refine operational details for collection modalities
Operational considerations for ports — practical step 8: be aware that some U.S. ports may lack designated, secure exit areas, and DHS has been testing various options and technological solutions (including gallery building and simplified arrival processes) to address logistical challenges in photo collection
What travelers should monitor — practical step 9: watch for public notices, alternative procedures, and updates to collection modalities (air simplified arrival, sea, and land entry processes) because DHS has finalized changes based on testing and will publish operational guidance and updates as implementations proceed
Records and oversight — practical step 10: understand that the biometric program is intended to strengthen identity verification and that DHS has statutory mandates and regulatory frameworks governing collection, use, and storage of these photographs, including oversight referenced in the rulemaking's statutory and regulatory sections
Industry and partnership expectations — practical step 11: if you are a business or partner involved in transportation modalities, expect to follow DHS business requirements for public-private partnerships and to implement processes that support accurate photographic collection and matching as described in the rulemaking
Final compliance checklist — practical step 12: before travel, (1) confirm travel document accuracy and current appearance match, (2) verify advance passenger and biographic information, (3) follow port-specific instructions for biometric photo capture, (4) cooperate with no-match resolution procedures if needed, and (5) consult public DHS notices and Privacy Impact Assessments for further details
Where to find authoritative materials and to participate: review the Federal Register, the rulemaking docket on regulations.gov, and the specific DHS notices and privacy materials cited in the rulemaking to get official guidance, to submit comments, and to learn more about photo collection procedures and privacy safeguards