The US Department of Homeland Security (DHS) has published a final rule that significantly expands the government’s authority to collect biometric data from non-US citizens (aliens) upon entry to and departure from the United States. The rule, effective December 26, 2025, removes previous limitations on biometric collection and supports the full implementation of a comprehensive biometric entry-exit system.
What’s Changing?
Under the new rule:
- All aliens may be required to be photographed when entering or exiting the US.
- DHS may also require non-exempt aliens to provide additional biometric data (e.g., fingerprints).
- The rule removes references to pilot programs and port limitations, allowing biometric collection at airports, land ports, seaports, or any authorized point of departure.
Why This Matters
The rule supports DHS’s long-standing mandate to implement an automated entry-exit system that matches biometric and biographic data. This system is designed to:
- Enhance national security by verifying traveler identities
- Detect visa overstays and unauthorized reentries
- Prevent document fraud and identity theft
- Improve border efficiency through facial comparison technology
Facial Comparison Technology
DHS, through US Customs and Border Protection (CBP), has already deployed facial comparison systems at many ports of entry under programs like Simplified Arrival and Facial Biometric Debarkation. This rule provides the legal framework to expand those systems nationwide.
- US citizens may opt out of biometric verification.
- Photos of US citizens will be deleted within 12 hours of identity verification.
Public Comments Invited
DHS is requesting public feedback on the collection process, as well as the costs and benefits of biometric collection across different transportation modes (air, sea, and land). Comments must be submitted by November 26, 2025, via regulations.gov.
While the rule may raise privacy concerns, DHS emphasizes that biometric data will be handled in accordance with federal privacy laws and policies.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.