Do US citizens have a legal right to refuse fingerprinting during CBP entry inspections?
Executive summary
U.S. officials and agency documents in recent reporting say the new 2025 DHS/CBP rule mandates expanded biometric collection for non‑citizens (facial photos required; fingerprints in select cases) and permits U.S. citizens to request alternative, manual processing rather than facial capture (see CBP statements) [1] [2] [3]. Available sources focus on the rule’s application to non‑citizens; they do not describe an absolute legal right for U.S. citizens to categorically refuse all fingerprinting during CBP inspections (not found in current reporting) [1] [2].
1. What the rule actually says about who must provide biometrics
The DHS final rule published in October 2025 explicitly expands authority to collect biometrics from non‑U.S. citizens entering or departing the country; it makes facial photographs mandatory for non‑citizens nationwide and allows collection of fingerprints and other biometrics “in select cases” to establish identity links [1] [4]. Multiple trade and legal analyses reiterate that the rule’s scope is aimed at non‑citizens — green card holders, visa holders, refugees and other aliens — and that refusal by those travelers can result in denied boarding or entry [5] [6] [7].
2. What officials say about U.S. citizens who don’t want facial biometrics
CBP’s public materials and the agency’s announcement state that U.S. citizens who prefer to “opt out” of facial biometric processes may notify a CBP officer or airline representative and undergo manual inspection of travel documents instead [2] [3]. Reporting and the CBP privacy policy describe alternative processing for citizens — typically a manual passport review — rather than compulsory facial capture [3] [2].
3. Fingerprinting: when it’s used and who faces it
The final rule and accompanying summaries make clear that fingerprints remain an enforcement tool and “may” be collected, particularly where fingerprints help link a traveler to previously collected biometric records or when facial matching is insufficient; the stated primary biometric for entry/exit systems has become facial comparison technology [1] [8] [9]. The sources emphasize fingerprints are mainly targeted at non‑citizens; they do not present a broad program of mandatory fingerprinting of U.S. citizens at routine entry [1] [10].
4. Practical reality at the booth: refusal and consequences
For non‑citizens, reporting warns that refusal to submit required biometrics can lead to denial of boarding or admission — in short, you can choose not to provide biometrics but you may forfeit the ability to enter [5] [6]. For U.S. citizens, CBP’s stated procedure is to offer manual review if a traveler declines facial capture [2] [3]. The sources do not document a parallel automatic right for citizens to refuse fingerprinting in all circumstances without any downstream consequences (not found in current reporting) [1].
5. Legal and policy context: agency authority vs. constitutional claims
The documents and trade press frame this as an administrative expansion under DHS statutory authority to verify identity and prevent fraud; they do not analyze constitutional litigation or Supreme Court rulings about biometric collection at the border in the excerpts provided (not found in current reporting). Privacy advocates and some commentators are skeptical, warning about retention, accuracy disparities and long storage periods, but those critiques are described as external reactions rather than settled legal limitations on CBP’s authority [10] [11].
6. Competing viewpoints and potential hidden agendas
DHS and CBP frame the program as a national‑security and fraud‑prevention measure citing tests and efficiency claims [1] [2]. Civil liberties groups and privacy commentators call it a surveillance expansion with accuracy and retention concerns; industry and law outlets stress operational impact on travel and enforcement [10] [11] [7]. Note the implicit agency incentive: a large‑scale biometric program both strengthens enforcement tools and expands datasets that can justify future use cases [1] [8].
7. Bottom line for U.S. travelers today
If you are a U.S. citizen who objects to facial biometric capture at entry/exit, official CBP guidance in reporting says you may request alternative manual inspection of your passport by notifying an officer or airline representative [2] [3]. If your question is whether U.S. citizens have a blanket legal right to refuse fingerprinting during CBP inspections, available sources do not describe such a categorical legal right or describe routine fingerprinting of citizens — the material instead shows the 2025 rule centers on non‑citizen biometric requirements and offers alternatives for citizens in practice [1] [2] [3].