in effect
This is a final rule from the Department of Homeland Security (through U.S. Customs and Border Protection) that updates federal regulations to formally authorize collecting photos and other biometric data—such as fingerprints—from non-U.S. citizens when they enter or leave the United States. It moves the program from limited pilot status to a standing legal requirement that applies at all types of ports of departure and entry.
Prior regulations limited biometric collection to pilot programs at a restricted set of air and sea ports; this rule removes those limitations so the program can operate at airports, seaports, land ports, and any other authorized crossing point. All non-U.S. citizens may now be required to be photographed at both entry and exit; refusing to comply can result in a finding of inadmissibility or a status violation. The rule takes effect December 26, 2025. CBP estimates the program will cost a net of roughly $68–70 million per year (annualized, discounted 2024 dollars) once fully running, with fuller deployment at all commercial airports and seaports expected within three to five years. Environments not yet fully operational—such as vehicles at land ports, private aircraft, and pedestrian or sea exit points—will be addressed in future Federal Register notices, and public comments on those specific processes are being accepted through November 26, 2025.
Non-U.S. citizens (foreign nationals) crossing U.S. borders at air, sea, or land ports are the primary group affected—they may be photographed and, if not exempt, fingerprinted every time they enter or leave the country. Airlines, cruise lines, and other transportation carriers that partner with CBP on biometric processing will also need to meet updated business requirements. U.S. citizens are not required to participate but may voluntarily do so; any photo taken of a U.S. citizen must be discarded within 12 hours of identity verification.