The U.S. Department of Homeland Security (DHS) has issued a Final Rule titled “Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States,” further advancing the federal government’s statutory mandate to implement a comprehensive Biometric Entry/Exit Program. The regulation updates existing DHS rules to broaden the use of facial biometric technology for identity verification and to standardize how entry and departure records are collected across U.S. borders.

This rule reflects the culmination of several years of pilot programs, interagency coordination, and regulatory development aimed at improving border management, identity verification, and immigration compliance while maintaining established privacy safeguards.

Expanded Authority for Biometric Collection by CBP

Under the Final Rule, U.S. Customs and Border Protection (CBP) is authorized to collect facial biometric data from all noncitizens when they enter and depart the United States. This authority applies across a wide range of ports and travel environments, including airports, land ports of entry, seaports, and other authorized locations.

The rule removes prior regulatory exemptions, including those that previously applied to diplomats and most Canadian visitors. It also formally converts earlier biometric pilot programs into permanent operations, providing CBP with a consistent regulatory framework to support ongoing identity verification activities.

Inclusion of Additional Travel Modalities

A key feature of the Final Rule is the expansion of biometric collection to travel modalities that were previously limited or not fully covered. These include departures by sea, private aircraft operations, vehicle-based entry and exit, and pedestrian exits at land borders.

By extending biometric collection to these modalities, DHS seeks to address gaps in departure data that have historically complicated efforts to confirm compliance with immigration admission terms. More complete entry and exit records support accurate overstay identification and strengthen the integrity of immigration data systems used across DHS components.

Policy Background and Regulatory Development

The Final Rule builds on earlier executive and regulatory actions intended to accelerate implementation of a biometric entry-exit system. In 2017, Donald Trump directed DHS to expedite the completion of biometric entry-exit capabilities and to report progress to Congress. DHS subsequently issued a Notice of Proposed Rulemaking in November 2020, proposing mandatory participation by noncitizens, removal of pilot program limitations, and expansion to additional locations and transportation modes.

The current regulation formalizes these proposals and provides CBP with long-term regulatory authority to continue developing and operating the Biometric Entry/Exit Program nationwide.

Use of Facial Biometrics and Supporting Technology

As part of implementation, CBP operates the Traveler Verification Service, a secure, cloud-based facial biometric matching system designed to automate identity verification during entry and exit processing. DHS reports that this system reduces administrative burdens on officers while supporting more consistent identity checks.

According to DHS, the use of facial biometrics assists in identifying individuals of interest, preventing visa fraud and document misuse, detecting overstays, and reducing the risk of unlawful re-entry by individuals previously removed from the United States. These functions support broader border security and immigration enforcement objectives.

Participation by U.S. Citizens

The Final Rule does not require biometric participation by U.S. citizens. Citizens may voluntarily participate in facial biometric processing at entry and exit locations where the technology is available. Those who choose not to participate may opt out and complete a manual passport inspection, which remains available as part of standard international travel procedures.

Privacy and Data Protection Measures

DHS has stated that privacy protection remains a core component of the Biometric Entry/Exit Program. The department has published more than ten Privacy Impact Assessments addressing the collection, storage, use, retention, and deletion of biometric data.

Under current DHS policy, photographs of U.S. citizens are discarded within 12 hours of identity verification. Noncitizen biometric records are stored within the DHS Biometric Identity Management System and may be retained for up to 75 years, consistent with applicable system-of-records notices and statutory requirements.

Conclusion

Overall, the Final Rule represents a significant regulatory step in DHS’s efforts to modernize border identity verification and improve the accuracy of entry and exit records. By expanding biometric collection across travel modalities and formalizing prior pilot programs, DHS aims to strengthen border management and immigration compliance while maintaining defined privacy protections and opt-out options for U.S. citizens.

Law Office of Thomas V. Allen supports individuals and businesses navigating this environment by ensuring that visa filings are internally consistent with travel history, immigration status records, and operational representations made to U.S. authorities. Our work emphasizes accuracy, documentation, and regulatory alignment across investor and employment-based petitions, particularly where government systems may cross-reference entry, exit, and compliance data during adjudication.

Rather than treating immigration filings as isolated submissions, we assist clients in preparing petitions that reflect coherent timelines, clearly defined roles, and verifiable operational facts, reducing the risk of inconsistencies that may arise as DHS expands biometric and identity verification capabilities. This approach is especially relevant for petitions subject to heightened scrutiny, including E-2, EB-5, L-1, and other employment-based categories.

For applicants and enterprises seeking to file immigration petitions in an increasingly integrated enforcement and verification landscape, our team is available to provide structured guidance throughout the preparation and review process. Contact us here.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each immigration matter depends on individual circumstances, and outcomes remain subject to USCIS discretion. For case-specific advice, please consult qualified counsel.