The Department of Homeland Security (DHS) has issued its final rule mandating facial recognition scans for virtually all non-U.S. citizens entering or leaving the U.S.
Published Thursday, the Notice of Final Rule cements the technical and legal foundation for a fully operational biometric entry-exit system, an objective that has eluded multiple administrations since Congress first ordered its creation after the September 11 attacks.
The regulation, which becomes effective December 26, authorizes U.S. Customs and Border Protection (CBP) to collect facial images from all noncitizens at international airports, land ports of entry, seaports, and “other authorized points of departure.”
The language of the rule signals an expansion beyond commercial air travel to private aircraft, vehicle crossings, pedestrian lanes, and maritime departures, modalities that have previously operated through a patchwork of pilot programs.
The rule also removes longstanding exemptions including those that had shielded diplomats and most Canadian visitors from enrollment in the biometric system.
Public comments on the final rule remain open until November 26, indicating DHS is still seeking input even as implementation moves ahead.
For DHS leadership, the rule represents a long-anticipated regulatory finish line.
“This final rule marks a major milestone towards our efforts to successfully implement the Biometric Entry/Exit mandate and strengthen the security of the United States,” said Diane J. Sabatino, Acting Executive Assistant Commissioner of CBP’s Office of Field Operations.
Sabatino emphasized that new funding has given the agency the ability to expand the technology across air, land, and sea environments, calling the system central to “innovating the entry/exit process” while tightening border security.
The rule follows years of political pressure and statutory directives. A recommendation from the 9/11 Commission identified a biometric entry-exit system as a core national-security requirement.
Congress repeatedly reinforced the mandate through appropriations and border-security legislation. In early 2017, President Donald Trump ordered DHS to “expedite” deployment. An Executive Order subsequently set the reporting schedule for DHS’s updates to Congress.
DHS’s regulatory effort began in earnest in November 2020, when the agency issued a Notice of Proposed Rulemaking to make biometric pilots permanent and lift location limits. The new final rule completes that regulatory process, giving CBP formal authority to scale.
At the center of the expansion is CBP’s Traveler Verification Service (TVS), a cloud-based biometric matching system that compares live facial images to government-held passport and visa photos.
TVS serves as the technical engine powering CBP’s growing biometric ecosystem, enabling the agency to automate identity checks that were previously handled by officers reviewing travel documents manually.
Homeland Security frames the technology as both an efficiency upgrade and a security enhancement, capable of identifying impostors using fraudulent documents, detecting visa overstays, and flagging individuals with criminal histories or previous removal orders.
DHS stresses that U.S. citizens are not subject to mandatory facial recognition under the new rule. American travelers may continue to opt out by requesting manual inspection, though most airlines and ports will continue to offer facial matching as a default option.
The Department has repeatedly noted that photos of U.S. citizens taken for identity verification are deleted within 12 hours, in keeping with CBP’s existing privacy policies.
By contrast, photos of noncitizens may be retained for up to 75 years, consistent with the Border Crossing Information System of Records Notice.
Privacy advocates have long scrutinized the Biometric Entry/Exit program, but DHS argues that it has built substantial safeguards around the data collection process.
The department notes that it has published more than ten Privacy Impact Assessments covering different operational settings and system configurations.
These privacy documents outline CBP’s procedures for storing, sharing, and ultimately deleting data, as well as the auditing structures that govern access across DHS components.
The final rule arrives as DHS continues its gradual shift toward biometric automation at most international airports. CBP reports that most international passengers – both citizens and noncitizens – are now processed using facial comparison at departure gates or inspection booths.
The agency says the system has already helped intercept individuals traveling on fraudulent passports and has streamlined overall processing times.
Still, the rule’s expansion into new travel modes marks a significant operational leap. Biometric exit at land borders, especially for vehicles, presents logistical challenges due to traffic volume, throughput demands, and varying port layouts.
Maritime exit screening for cruise passengers and private vessels is similarly complex, and until now has operated largely through limited pilot deployments.
By giving CBP full regulatory authority, DHS is signaling its intention to push these pilots into permanent, nationwide operations.
The rule’s lifting of exemptions extends the system’s reach to nearly every noncitizen traveler, including categories historically considered low-risk or politically sensitive.
Diplomats were previously shielded on reciprocity grounds, and most Canadian visitors who make up the largest volume of land border crossings were exempt due to a combination of operational limitations and longstanding bilateral travel norms.
The removal of these exemptions underscores DHS’s determination to implement the Congressional mandate without carved-out categories.
DHS continues to defend the program as a national-security requirement rather than a discretionary surveillance expansion.
Officials argue that a verified biometric exit record is essential for detecting overstays, improving visa-compliance metrics, and identifying individuals who enter legally but remain without authorization.
Biometric matching, DHS says, provides reliable confirmation of departure in a way that biographic data collection cannot.
The publication of the final rule also comes at a time when Congress has taken renewed interest in biometric border enforcement. Funding for CBP biometric systems has increased in recent appropriations cycles, and lawmakers have pressed DHS on gaps in exit data completeness and overstays reporting.
The new rule gives DHS the regulatory clarity it needs to accelerate deployment at ports that have been awaiting legal authorization.
What the rule does not resolve are the outstanding questions about long-term function creep, oversight, and the boundaries of permissibility.
DHS maintains that U.S. citizens retain a right to opt out and that no additional biometric modalities are required for air travel under the program.
But the retention period for noncitizen records, the potential sharing of biometric data across DHS components, and the involvement of private sector partners continue to draw scrutiny from civil liberties advocates and some members of Congress.
Article Topics
biometric exit | biometric matching | biometrics | border security | CBP | DHS | face biometrics | identity verification | Traveler Verification Service | U.S. Government