New US rule makes facial recognition mandatory for non-citizens at all entry and exit points

The US Customs and Border Protection (CBP) has announced an extensive expansion of its biometric tracking system, mandating facial-recognition screening for nearly all non-US citizens entering or leaving the country. The decision, published in the Federal Register on October 27, allows the agency to photograph and record the facial data of foreign nationals at airports, seaports, and land crossings. The regulation will come into force 60 days after publication.

According to the final rule, CBP will “implement an integrated biometric entry-exit system that compares biometric data of aliens collected upon arrival with biometric data collected upon departure.” The measure is intended to address concerns such as national security risks, fraudulent travel documents, visa overstays, and the detection of individuals without lawful admission.

While CBP has previously gathered biometric data from certain foreign travellers, the latest rule significantly widens the scope. It also removes exemptions that previously excluded children under 14 and adults over 79 from mandatory photograph collection.

The new policy applies to all non-citizens, including lawful permanent residents, immigrants, and those without legal status. CBP stated that facial recognition will be its preferred biometric method, citing its feasibility for large-scale use across entry and exit points.

A similar proposal made in November 2020 drew opposition from civil rights organisations such as the American Civil Liberties Union (ACLU) and the Immigrant Defense Project (IDP). These groups had argued that facial-recognition systems often produce errors and demographic bias, increasing the likelihood of misidentification and unjust detentions. Legal challenges to the latest rule are expected in the coming weeks.

Defending the move, CBP stated that “establishing a comprehensive biometric entry-exit system will bolster identity verification, reduce visa fraud, better detect overstays and improve national-security outcomes.” The agency also cited legal mandates requiring the Department of Homeland Security to build an integrated entry-exit tracking framework for foreign nationals.

Once the rule takes effect, travellers subject to it will be photographed upon both arrival and departure. CBP has noted that refusal to comply could lead to being deemed inadmissible at entry or face removal proceedings.