DHS Finalizes Biometric Expansion Across Air, Sea, and Land Ports of Entry
On November 13, 2025, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register that formalizes and expands the Biometric Entry Exit Program across all U.S. ports of entry. The rule updates existing regulations to allow U.S. Customs and Border Protection (CBP) to collect biometrics from certain travelers during both entry and exit processes. These biometric collections include facial images and other identifiers used to verify identity, detect imposters, and improve national security screening.
The Final Rule codifies long-running pilot programs previously authorized under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 and section 215 of the Immigration and Nationality Act. DHS now moves from pilot operations to a permanent, nationwide program.
Key Provisions of the November 2025 Final Rule
The Final Rule makes several major regulatory changes that expand CBP’s authority to require biometric collection at ports of entry.
1. Mandatory Biometric Collection for Certain Noncitizens
CBP officers may now require biometric identity verification from noncitizens during entry or exit inspections. Affected populations include:
- Noncitizens applying for admission
- Visa waiver travelers
- Noncitizens subject to departure controls
- Individuals presenting immigration documents during inspection
U.S. citizens are not required to submit biometrics under this rule, although they may opt in voluntarily to facilitate quicker processing.
2. Expansion of Facial Biometric Technology
The Final Rule authorizes CBP to use facial comparison technology during entry and exit. This system compares a live facial image of the traveler to a DHS gallery of passport and visa photos to verify identity.
CBP reports that facial comparison systems achieved over 98 percent accuracy during prior testing phases.
3. Removal of Prior Regulatory Limitations
Older DHS rules restricted biometric collection during exit to certain categories of foreign nationals and required the use of specific technologies. The November 2025 rule removes these constraints, providing CBP flexibility to use any approved modality, including facial, fingerprint, or iris capture.
4. Permanent Nationwide Deployment
CBP may now deploy biometric exit and entry systems across all U.S. airports, seaports, and land ports without separate pilot authorizations. This marks the transition from localized pilots to a fully integrated national security program.
Implementation Timeline
The Final Rule becomes effective December 13, 2025. CBP is expected to:
- Complete biometric deployment at all major international airports by early 2026
- Expand biometric exit operations at cruise and seaport facilities
- Begin phased implementation of biometric processing at high-traffic land borders, including pedestrian lanes and certain vehicle lanes
- The rule notes that specific ports may adopt biometric systems on different schedules depending on infrastructure and technology readiness
DHS Justification for the Final Rule
DHS states that the purpose of the rule is to strengthen border security, reduce identity fraud, and accurately confirm departures and arrivals. The agency highlights several concerns addressed by the rule:
- Imposter threats involving falsified or borrowed travel documents
- Difficulty confirming whether noncitizens have overstayed visas
- Limitations of manual document inspection
- Operational challenges of paper-based exit tracking
The Final Rule notes that biometric comparison significantly improves accuracy and efficiency compared to manual inspection alone. CBP reports that biometric exit technology has already prevented multiple attempted identity fraud cases at major airports.
Traveler Privacy and Data Protection
DHS emphasizes that biometric data will be handled consistent with the Privacy Act of 1974, the E-Government Act of 2002, and department-wide Fair Information Practice Principles. The following safeguards apply:
- Data retention limits set by existing DHS SORNs
- Secure transmission between CBP systems and DHS databases
- Opt-in procedures for U.S. citizens
- Public notice through updated System of Records Notices (SORNs) and Privacy Impact Assessments (PIAs)
The Final Rule is accompanied by updated Privacy Impact Assessments published by DHS’s Privacy Office to reflect the expanded authority.
