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New DHS policy to collect biometric data for noncitizens to prevent visa fraud, overstays

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The U.S. Department of Homeland Security announced the publication of a Notice of Final Rule titled “Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States.”

This regulation, effective Dec. 26, 2025, authorizes U.S. Customs and Border Protection to collect facial biometrics from all noncitizens at various points of entry and exit, including airports, land ports, and seaports.

The rule removes previous exemptions for diplomats and most Canadian visitors and expands biometric collection to new transportation modalities such as sea exit and private aircraft, officials announced.

“This final rule marks a major milestone towards our efforts to successfully implement the Biometric Entry/Exit mandate and strengthen the security of the United States,” said Diane J. Sabatino, Acting Executive Assistant Commissioner, CBP Office of Field Operations.

The rule follows an Executive Order issued by President Donald Trump in 2017, which required expedited completion of the biometric entry-exit system.

DHS officials said the biometric program aims to enhance national security by identifying criminals and suspected terrorists, preventing visa fraud, and detecting overstays.

While U.S. citizens are not covered by this rule, they may voluntarily participate in the facial biometrics process. Those who opt out can undergo manual passport inspection.

CBP officials said it will safeguard travelers’ data, with U.S. citizen photos discarded within 12 hours, while noncitizen photos are retained for up to 75 years in the DHS Biometric Identity Management System.

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