US Requires Biometrics from All Foreigners on Entry and Exit

Since December 26, 2025, all foreigners entering or leaving the United States may be subject to mandatory biometric data collection, including facial recognition and fingerprints. The measure was formalized by a final rule from the Department of Homeland Security (DHS), published in the Federal Register on October 27, 2025, which eliminated the age exemptions that previously excused children under 14 and adults over 79. In practice, the American government has established the legal basis for a universal biometric identification system applicable at all borders of the country.

What the Rule Determines

The final rule, titled “Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States,” authorizes CBP (Customs and Border Protection) to photograph all non-citizens upon entry and exit from U.S. territory. In addition to facial recognition, which was already partially used at selected airports, authorities may request the collection of fingerprints and other biometric identifiers as needed for operational or security reasons.

The main change compared to previous rules is the elimination of all exemptions. Before the new rule, children under 14, seniors over 79, and most Canadian travelers could be excused from biometric identification. From now on, the collection applies universally to anyone who is not a U.S. citizen, with no exceptions for age, nationality, or immigration category. The rule also removes references to pilot programs that previously limited biometric collection to certain ports of entry.

Who Is Affected

The rule covers all categories of foreigners crossing U.S. borders:

• Tourists and short-term visitors with B-1/B-2 visas or traveling under the Visa Waiver Program (ESTA)
• International students with F-1 and J-1 visas
• Temporary workers holding H-1B, L-1, O-1, and other visas
• Legal permanent residents (green card holders)
• Diplomats and employees of international organizations, previously exempt in certain circumstances
• Children and seniors of any nationality, with no minimum or maximum age limit

U.S. citizens can still refuse to have their photographs taken during the entry or exit process. The distinction is clear: the biometric collection requirement applies exclusively to people who do not have U.S. citizenship, regardless of their permanent or temporary immigration status.

Actual Timeline

A crucial point that deserves clarification is the difference between the legal effective date and actual operational implementation. CBP has publicly confirmed that December 26, 2025, represents a regulatory milestone: the rule formally took effect on that date, establishing the legal authority for universal biometric collection. However, this does not mean that all border points immediately began collecting biometric data.

The agency estimates that full implementation of the biometric entry and exit system at all commercial airports and seaports will take three to five years. The expansion is being carried out gradually, prioritizing the busiest international airports. Land border posts and general aviation terminals will follow their own schedules, still in the planning and operational definition phase.

In practice, travelers passing through major international airports such as JFK (New York), LAX (Los Angeles), MIA (Miami), and ORD (Chicago) have already encountered facial recognition systems in operation for several years, implemented as part of previous pilot programs. What the new rule changes is the legal basis: what was previously voluntary or limited to experimental programs now has regulatory foundation to become universal and mandatory at all entry and exit points in the country.

Stated Objectives

According to the DHS, expanding biometric collection serves three main objectives. The first is to combat overstay, where a foreigner remains in the country beyond the period authorized by their visa. With a biometric exit record linked to the entry record, authorities can accurately identify who left the country on time and who overstayed, something that until now depended on incomplete data provided by airlines.

The second objective is to combat document fraud. Facial recognition allows verification that the person presenting at the border is indeed the same who obtained the visa or travel authorization, reducing the risk of using forged, altered, or third-party documents.

The third objective is national security in a broad sense. Integrating biometric data with security and intelligence databases allows identification of individuals with alerts, warrants, or restrictions before they complete the entry process into U.S. territory. The DHS states that the system also helps identify victims of human trafficking and unaccompanied minors.

Privacy and Public Debate

Civil rights organizations and digital privacy experts have raised significant concerns about the new rule since its publication. The main points of questioning include the security of storing collected biometric data, the retention period of this information in government systems, and the conditions under which it may be shared with other federal, state, or foreign government agencies.

The risk of identification errors is another concern documented by the scientific community and civil rights organizations. Independent studies have shown that facial recognition systems have higher error rates for certain demographic groups, which can result in delays, additional questioning, or even unjustified refusals of entry. CBP claims its systems maintain a match rate above 98%, but critics argue that even a 2% error margin, applied to tens of millions of travelers annually, results in a significant number of false positives.

Transparency about data use also remains an open question. It is not fully defined whether biometric information collected at the border can be used for purposes beyond immigration control, such as domestic criminal investigations, cooperation with intelligence agencies, or monitoring the movement of individuals within U.S. territory after entry.

Practical Guidance

Foreigners planning to travel to the United States should be prepared for the possibility of biometric data collection at any entry point. At most international airports already operating the system, the process is quick and automated: cameras capture the traveler’s facial image, which is compared in real time with the passport or visa photo registered in the State Department’s systems. The procedure adds only a few seconds to the regular immigration process.

For permanent residents, the practical change is minimal, as most were already subject to biometric verification at control posts. The main novelty is the legal formalization of collection at the time of departure from the country, something that was previously applied inconsistently and depended on the availability of equipment at each terminal.

The rule does not change visa requirements, does not affect eligibility for any immigration category, and does not introduce new fees for travelers. It is exclusively a border identification procedure, with no direct impact on approvals, refusals, or processing times for immigration petitions before USCIS or U.S. consulates.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.