US to Photograph Nearly All Non-Citizens at Entry and Exit Under Sweeping Biometric Rule - VisaHQ
Key Takeaways
- It has been reported that the Department of Homeland Security (DHS) will require photos of nearly all non-U.S. citizens at both entry and exit.
- The rule would formalize facial recognition at airports and expand biometric exit checks at land and sea ports, with limited exemptions.
- U.S. citizens can reportedly still opt out of facial recognition; non-citizens would be required to comply.
- Data will be stored in DHS biometric systems for identity verification and immigration enforcement, raising privacy and redress questions.
- Implementation details, timelines, and exemptions are expected to be clarified in the Federal Register notice.
What’s Changing
DHS is moving to close long-standing gaps in America’s biometric entry–exit system by mandating that U.S. Customs and Border Protection (CBP) photograph almost all noncitizens when they arrive and when they depart the country. It has been reported that the rule will cover travelers across most visa categories—including visitors, students, temporary workers, and immigrants—as well as returning lawful permanent residents, with narrow exceptions (for example, certain diplomats). The policy would standardize what many international flyers already see at airports—quick facial image capture at inspection booths or boarding gates—and extend consistent collection to more land and sea locations.
Legal and Policy Context
Congress has directed DHS to build a biometric entry–exit system for foreign nationals since the early 2000s, including under the USA PATRIOT Act and the Enhanced Border Security and Visa Entry Reform Act. CBP already uses facial comparison technology to verify identities at many airports and some land and sea ports, but biometric exit checks have been uneven. The reported rule would codify and expand these practices, aiming to verify that noncitizens who enter also depart as required by their status and to strengthen identity checks against U.S. and international watchlists.
What This Means for Travelers and Employers
For noncitizen travelers, expect to be photographed on both arrival and departure, with minimal added processing time. U.S. citizens generally can opt out of facial recognition and request manual document inspection; noncitizens reportedly would not have that choice. Employers and school sponsors should advise foreign national employees and students to allow extra time at ports of entry and exit and to carry proper travel documents that match government records, since facial-matching relies on the photos linked to passports and visas. Mismatches may trigger secondary inspection, so ensuring document consistency matters.
Privacy, Data Use, and Redress
CBP states that photos of U.S. citizens are typically deleted shortly after identity verification, while images of noncitizens are retained in DHS biometric systems consistent with DHS records policies. The expanded rule is likely to heighten privacy concerns for immigrants, advocacy groups, and attorneys about retention, sharing, and error correction. Travelers who believe they were misidentified or improperly delayed can seek redress through DHS TRIP (Traveler Redress Inquiry Program). As the final text is published, watch for specifics on exemptions, retention limits, and any accommodations for minors, elderly travelers, and diplomats.
Source: Original Article