Homeland Security Expands Facial Recognition Requirements for Non-U.S. Citizens
The Department of Homeland Security (DHS) has introduced new comprehensive biometric screening requirements that will significantly change how non-U.S. citizens enter and exit the country. Starting December 26, all foreign nationals—including legal permanent residents with green cards—must submit to facial recognition photography at every U.S. border entry and exit point. This expansion moves beyond the current limited use of facial recognition at select airport checkpoints to create a universal system covering all air, land, and sea ports. The policy represents a fundamental shift in how the government monitors and manages the movement of non-citizens across American borders, reflecting broader national security priorities focused on identity verification and preventing document fraud.
Perhaps most notably, the new regulations eliminate long-standing age exemptions that previously protected young children and elderly travelers from biometric screening. Under current rules, individuals under 14 and over 79 years old are exempt from certain biometric requirements, but the updated policy explicitly removes these protections for facial imaging. The DHS justification indicates that technological advancements have rendered these age-based exemptions unnecessary, stating that “internal CBP studies of biometric facial match accuracy, historical matching data, examination of biometric matching of ages under 14 and over 79, and CBP standard operating procedures associated with these ages no longer support exempting facial biometric collection from these populations.” This change is particularly significant as it reflects the government’s assessment that facial recognition technology has become reliable enough to apply universally across age demographics.
The policy update broadens the purpose of biometric collection beyond traditional law enforcement objectives. While fingerprinting and other biometric data were historically collected primarily for criminal background checks, the new regulation explicitly frames facial recognition as critical for broader identity verification, management systems, and combating human trafficking—particularly of children. This expanded rationale signals that Customs and Border Protection (CBP) views biometric data as serving multiple functions beyond security screening alone, potentially creating a more comprehensive digital identity management infrastructure for all non-citizens crossing U.S. borders. The updated rule emphasizes that identity verification has become a primary function of the system, suggesting a fundamental shift in how the government conceptualizes border processing.
The timing and implementation of this rule deserve particular attention, as the December 26 effective date comes at the tail end of the current administration, potentially establishing long-lasting border policies that would continue into the next presidential term. The regulation removes references to “pilot programs” and “port limitations” in existing rules, effectively making biometric exit screening a permanent, universal feature at all departure points. This represents the culmination of years of gradual expansion of biometric collection authorities, moving from limited testing to nationwide implementation. The rule also specifically invites public comments on “specific collection processes as well as costs and benefits for new transportation modalities,” suggesting that further refinements or expansions may be considered based on feedback.
Privacy advocates have consistently raised concerns about the government’s expanding use of facial recognition technology, particularly regarding data security, algorithmic bias, and the potential for mission creep beyond stated objectives. While the new rule primarily affects non-citizens, it establishes infrastructure and normalization of facial recognition that could eventually expand to U.S. citizens. The DHS framing of these changes emphasizes security benefits—preventing fraud, verifying identities, and protecting against trafficking—but offers limited discussion of potential privacy implications or data protection safeguards. The permanent storage of facial images creates a growing biometric database of non-citizens that raises questions about long-term data governance, sharing between agencies, and international privacy standards.
These regulatory changes align with broader trends in global border management, where many countries are implementing similar biometric systems. The expansion occurs amid increasing international cooperation on immigration enforcement and information sharing about cross-border movements. For travelers affected by these new requirements—including millions of green card holders, visa holders, and other lawful residents—the practical impact will be an additional biometric screening step during their border crossings. While the technology itself may be unobtrusive, requiring only a photograph, the comprehensive data collection represents a significant evolution in how the government monitors non-citizen movement. As implementation approaches, affected communities and advocacy organizations will likely scrutinize both the policy justifications and practical implementation of this expanded biometric framework at America’s borders.
