The U.S. Department of Homeland Security has filed a final rule that requires all non-U.S. citizens, including those with green cards, to be photographed when entering or exiting the United States, "and may require all aliens to provide other biometrics," according to an Oct. 27 filing in the Federal Register. The rule is scheduled to take effect Dec. 26, 2025.
Members of the public can comment on the "specific collection process as well as costs and benefits for these newly implemented transportation modalities." Individuals have until Nov. 26 to submit a comment here.
DHS, through U.S. Customs and Border Protection, since 2004 has been collecting biometric data from certain individuals arriving in the United States, but there is no comprehensive system to collect biometrics from those leaving the country, according to the document.
With the new rule, the system will allow DHS to better verify the departure of non-U.S. citizens and to "more effectively identify overstays and aliens who are, or were, present in the United States without being admitted or paroled and prevent their potential unlawful reentry into the United States." It also aims to make it more difficult for "imposters" to use other travelers' credentials.
CBP estimates that installing a biometric entry-exit system can be implemented at commercial airports and sea ports for both entry and exit within the next three to five years. The agency also noted it would publish a notice in the Federal Register when it was ready to move forward with such an entry-exit system for "vehicles at land ports and private aircraft or biometric exit at pedestrian land or sea ports."
Currently, individuals under the age of 14 or over 79 are exempt from biometric collection. That would no longer be the case with the facial comparison-based biometric entry-exit program, according to the filing.
Further, some prior comments to the rule questioned the safety and security of the information being collected. DHS responded that it retains certain records for up to 75 years, and should DHS personnel "discover a suspected or confirmed privacy incident," there is a detailed procedure in place to handle such matters.