The Department of Homeland Security (DHS) has issued a final rule expanding U.S. Customs and Border Protection’s (CBP) authority to collect biometric data from all foreign nationals entering and exiting the United States. The rule marks a major step toward fulfilling the Congressional mandate to biometrically record the entry and departure of non-U.S. citizens.
Under the new regulation, CBP will now be permitted to collect facial biometrics from all foreign travellers, including Canadian citizens, at airports, land borders, and seaports. The rule also removes previous limits on the number of biometric pilot programs and port locations, paving the way for a nationwide expansion of the Entry/Exit program.
CBP has spent years testing biometric facial comparison technology in partnership with public and private sector entities. These trials have shown that facial biometrics provide a secure, efficient, and cost-effective method of verifying traveller identities while maintaining strong privacy protections.
According to DHS, the new rule does not apply to U.S. citizens, who may continue to opt out of having their photos captured during the entry or exit process.
Beyond air travel, CBP plans to extend biometric collection to maritime and land border environments, with additional Federal Register notices to follow outlining how these expansions will be implemented.
The final rule – titled “Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States” – takes effect on December 26, 2025, with public comments open until November 26, 2025.
You can read the full rule and submit comments via the Federal Register here.
(AI was used in part to facilitate this article.)
