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What biometric data does CBP collect from non-U.S. citizens and how does it differ from citizens?
Executive summary
CBP’s new final rule authorizes collection of facial images and other biometrics from all non‑U.S. citizens (aliens) on entry and departure at airports, seaports, land ports and “other authorized points,” effective Dec. 26, 2025, and retains prior practice of collecting fingerprints and photos at arrival for many foreign travelers [1] [2]. By contrast, CBP policies and the rule treat U.S. citizens differently: photos taken of citizens for facial verification are reportedly deleted quickly (CBP says within 12 hours), and citizens may request manual document checks instead of the facial biometric process [2] [3].
1. What CBP will collect from non‑citizens: scope and modalities
The final rule codifies a nationwide biometric entry/exit system that authorizes CBP to require facial images from all noncitizens at air, land and sea ports and other authorized departure points and removes pilot or port limits on exit collection [1] [4]. Reporting and agency materials state CBP may also collect fingerprints and “other biometric identifiers” to verify identity and enforce immigration laws; some outlets describe the program as including facial images and fingerprints as core elements [5] [6] [7]. Coverage says CBP has already implemented facial comparison at many arrival environments (Simplified Arrival, Facial Biometric Debarkation, Pedestrian Entry) and will expand exit collection to match arrival records [1] [2].
2. Retention and differential treatment: non‑citizens vs. citizens
News reporting highlights a clear difference in retention and treatment: DHS/CBP asserts photos of U.S. citizens taken for identity verification are deleted within about 12 hours, whereas photos and biometrics of noncitizens may be retained far longer — reporting cites retention consistent with the Border Crossing Information system, potentially up to decades [2]. The final rule explicitly addresses collection authority for “aliens,” framing the system to match noncitizen entry and exit biometric records [1] [3].
3. Practical effects at ports: who gets photographed or fingerprinted
Local reporting and trade notices indicate CBP officers will photograph and fingerprint noncitizens arriving or departing, including lawful permanent residents and other foreign nationals; some outlets say seasonal workers and children will also be included under the expanded rule [6] [8]. CBP materials and industry coverage say many airports already use facial biometric gates for arrivals and that exit collection will be phased in, with airports and seaports moving quickly where infrastructure exists and land/seaport rollouts following [4] [7].
4. What the rule says about citizens who decline facial processing
CBP’s public statements in the rulemaking context say U.S. citizens who do not wish to participate in facial biometric processing can notify a CBP officer or airline representative and request a manual document check; they will be processed consistent with existing entry/exit requirements [3] [9]. Reporting also notes DHS emphasizes privacy safeguards and has published privacy impact assessments tied to the Biometric Entry‑Exit program [10].
5. Contested issues and privacy debates
Privacy advocates and civil‑liberties experts have criticized the expansion, warning about broadening biometric collection, retention, and potential uses; some reporting cites concerns that DHS could expand biometric modalities beyond facial images to fingerprints, palm prints, or other identifiers in future rulemakings [11]. DHS and CBP counter that biometrics strengthen security, reduce fraud, and that technical and policy safeguards (encryption, retention rules, PIAs) are in place [10] [2].
6. What reporting does not settle (limits of available sources)
Available sources clearly describe facial images and fingerprints as primary biometrics for noncitizens and note differential retention, but they do not provide a full, itemized list of every biometric modality that will be used in every context nor the precise retention schedule for every data type across systems — for those details the final Federal Register text and specific system of records notices should be consulted [1] [2]. Sources do report DHS seeking comments on additional modalities and processes, indicating some operational specifics remain to be finalized [1] [2].
7. Bottom line for travelers and policymakers
Non‑U.S. citizens entering or leaving the United States should expect routine facial photography and, in many cases, fingerprint capture under the new nationwide entry/exit authority effective Dec. 26, 2025, with retention and matching tied to immigration enforcement systems [1] [2]. U.S. citizens are treated differently in policy and practice — CBP says citizen facial photos used for verification are deleted quickly and citizens may request manual checks — but critics flag retention disparities and potential future expansion of biometric types as points of contention [2] [3] [11].