DHS announces Final Rule to advance the Biometric Entry/Exit Program

Privacy and Security in Official Photos

Overview

The Department of Homeland Security (DHS) has published a final rule, effective Dec. 26, 2025, that expands the collection of facial biometrics from noncitizens upon entry to and departure from the United States. This guide explains what the rule means for photo collection, how photos are validated and managed, what travelers should prepare for, and how to comply while protecting privacy.

What the rule requires (photo collection)

The final rule authorizes U.S. Customs and Border Protection (CBP) to collect facial biometrics from all noncitizens at entry and exit. The collection is mandatory for noncitizens under this rule; it replaces prior exemptions and pilot limitations.

Who is covered

• Noncitizens traveling to and from the United States are covered and will have facial biometrics collected for identity verification.

• U.S. citizens are not covered by the mandatory requirement but may voluntarily participate.

Removed exemptions and expanded scope

The rule removes prior exemptions (including diplomats and most Canadian visitors) and removes caps on pilot programs. Biometric collection is expanded broadly across transportation modes and locations.

Where and when photos will be taken

CBP will collect facial biometrics at airports, land ports, seaports, and other authorized points of departure and arrival. The program also expands collection to additional modalities explicitly cited in the rule: sea exit, private aircraft, vehicle entry/exit, and pedestrian exit.

How photos are validated (matching and systems)

CBP uses the Traveler Verification Service, a secure, cloud-based facial biometrics matching service, to automate identity verification. Noncitizen photos are enrolled in the DHS Biometric Identity Management System for biometric confirmation of entry or departure. These systems are used to identify criminals, prevent visa fraud, detect overstays, and prevent illegal reentry.

Retention and privacy protections

• For U.S. citizens who voluntarily participate, CBP discards photos within 12 hours of the identity verification process.

• Noncitizen photos are retained in the DHS Biometric Identity Management System for up to 75 years as part of the biometric confirmation of entry or departure, consistent with the Border Crossing Information System of Records Notice.

DHS privacy oversight

DHS has published more than 10 Privacy Impact Assessments covering CBP’s Biometric Entry-Exit program. These assessments address policies and procedures for gathering, storage, analysis, use, dissemination, retention, and deletion of biometric data.

Opting out (U.S. citizens)

U.S. citizens who prefer not to participate in facial biometrics may opt out. To opt out, notify a CBP officer or airline representative and CBP will perform a manual inspection of the passport as required for international travel.

Practical preparation steps for travelers

• Expect facial biometric capture if you are a noncitizen traveling to or from the U.S., at the locations and modalities listed above.

• Bring valid travel documents (passport, visa, or other required documents) to present during identity verification and manual inspection when applicable.

• If you are a U.S. citizen and wish to opt out of biometric capture, be ready to clearly notify a CBP officer or airline representative so that a manual passport inspection can be conducted.

Compliance-focused tips

• Do not assume prior exemptions still apply — diplomats and most Canadian visitors are no longer broadly exempt under the final rule.

• If you are a noncitizen, plan for biometric capture as part of the standard entry and exit process.

• Keep your travel documents accessible to facilitate either biometric processing or manual inspection.

Validation-related expectations

• The biometric process is designed to match captured facial images against enrolled records using the Traveler Verification Service. Expect automated verification steps to be part of the standard processing flow for noncitizens.

• Because photos support identity verification and law-enforcement goals (identifying criminals, preventing visa fraud, detecting overstays), expect CBP to use captured biometrics in accordance with program rules.

Privacy-conscious actions travelers can take

• Verify whether you are a U.S. citizen or noncitizen and understand the different retention timelines (12 hours for participating citizens; up to 75 years for noncitizens).

• Review DHS privacy materials and the published Privacy Impact Assessments for details on data handling and safeguards. The DHS biometrics webpage is the official source for more information (www.dhs.gov/biometrics).

Common mistakes to avoid

• Assuming biometrics are limited only to airports or to air travel; the rule explicitly covers land, sea, private aircraft, vehicle, and pedestrian modalities.

• Believing previous pilot-program constraints or exemptions (e.g., diplomats, most Canadians) still apply.

• Failing to notify a CBP officer or airline representative if you are a U.S. citizen and wish to opt out — opting out requires explicit notice and results in manual passport inspection.

How to stay informed and provide feedback

• The rule’s publication includes an opportunity for public comment (the source text indicates comments may be submitted by Nov. 26, 2025). If you want to comment on the rule, note that deadline.

• For ongoing updates and official guidance, consult the DHS biometrics page linked in the source material.

Final checklist (actionable)

• If noncitizen: assume mandatory facial biometric capture at arrival and departure points. Carry required travel documents and be prepared for automated identity verification.

• If U.S. citizen and you want to opt out: notify a CBP officer or airline representative to request manual passport inspection.

• Review DHS privacy materials to understand data retention and safeguards (citizen photos discarded within 12 hours; noncitizen photos retained up to 75 years).

• Do not rely on prior exemptions — check current DHS guidance before travel.

This guide summarizes the photo, validation, preparation, and compliance details contained in DHS’s final rule on biometric collection. For complete program descriptions, privacy assessments, and the latest operational guidance, refer to the DHS CBP biometric entry/exit resources at www.dhs.gov/biometrics.