Can US citizens refuse fingerprinting by CBP and what are the consequences?
Executive summary
U.S. citizens are generally not the primary targets of the recent CBP biometric rules; the final DHS/CBP rule published in October 2025 makes mandatory biometric collection for non‑U.S. citizens at entry and exit, and several CBP statements say U.S. citizens may opt out of facial capture and request manual passport inspection (effective Dec. 26, 2025) [1] [2] [3]. Reporting and legal guides show that for noncitizens refusal of required biometrics can produce denial of boarding or admission; available sources do not state a blanket criminal penalty for U.S. citizens who refuse fingerprinting at the border [4] [5] [6].
1. Who the new rules actually cover — citizens vs. non‑citizens
The DHS final rule published in the Federal Register and summarized by CBP and multiple outlets clarifies that the expanded biometric entry/exit program is aimed at non‑U.S. citizens: DHS may require non‑exempt aliens to be photographed and to provide other biometrics upon entry and departure, and CBP frames the program as a way to verify foreign visitors and detect fraud [1] [5] [7]. Several law‑firm and trade summaries repeat the December 26, 2025 effective date and emphasize the rule’s focus on noncitizens [5] [8].
2. What CBP and its privacy guidance say about U.S. citizens who object
CBP’s public materials and the agency’s media release state that U.S. citizens who do not want to participate in facial biometric capture can notify a CBP officer or airline representative and undergo manual inspection of travel documents instead — i.e., an “opt‑out” from automated facial comparison with an alternative manual check [2] [3]. CBP’s privacy policy likewise notes that U.S. citizens may request alternative processing, typically a manual review by a CBP officer [3].
3. Consequences documented for non‑citizen refusal, and why that matters for citizens
Coverage of the rule and legal summaries make clear that for non‑U.S. citizens the stakes are high: refusal to provide required biometrics can lead to denied boarding or denied admission at the border [4] [7]. Because the rule explicitly authorizes compelled biometrics from aliens, the practical consequence for noncitizens refusing is clear in the sources [4]. That legal and operational framework explains why CBP distinguishes U.S. citizens in its messaging and processing guidance [2] [3].
4. Fingerprinting vs. facial biometrics — different treatments in the rule
The Federal Register and reporting stress that facial comparison is being scaled as the primary biometric modality for entry/exit, while fingerprints remain a tool CBP “will continue to capture” in select cases to help link records or for law‑enforcement purposes [1]. The new rule removes earlier pilot limitations for noncitizens; it does not announce a blanket, universal fingerprinting mandate for U.S. citizens [1] [5]. Available sources do not describe a new universal policy forcing U.S. citizens to be fingerprinted at every port.
5. Practical experience, uncertainty and historical practice
Older travel accounts and legal advice forums reflect mixed experiences: travelers who have refused or questioned fingerprinting at arrival sometimes report inconvenience, delays, secondary inspection or brief detention before release, but those are anecdotal and predate the 2025 rulemaking; they do not establish a uniform legal consequence for U.S. citizens [9] [6]. Legal Q&A and blog posts emphasize that noncitizens lack an absolute right to entry and thus may be refused if they decline required biometrics — a distinction the sources draw between citizens and aliens [6].
6. Limitations, ambiguity and next steps to watch
The reporting and CBP statements leave two practical gaps: how individual CBP officers will exercise discretion when a U.S. citizen refuses biometric capture in a particular port or on a particular day; and whether and when fingerprints (as opposed to facial photos) will be more broadly required for U.S. citizens in specific circumstances. The final rule text and CBP’s public guidance explain policy direction but operational details and local practice will determine outcomes [1] [2] [3]. Available sources do not specify a criminal penalty for a U.S. citizen who refuses fingerprinting at the border.
7. What travelers should do now
If you are a U.S. citizen worried about facial capture, CBP’s materials advise you can notify a CBP officer or airline representative and request manual passport inspection [2] [3]. If you are a non‑citizen, counsel and news coverage underline that refusing required biometrics can result in denied boarding or denied admission [4] [7]. For definitive legal advice about a particular status (dual national, lawful permanent resident, traveler with pending immigration matters), consult an immigration attorney; the rule and its operational roll‑out create contexts where outcomes will vary by case and location [5] [4].
Sources cited in this piece are CBP/DHS rule notices and agency guidance and contemporary reporting on the October 2025 final rule [1] [2] [4] [5] [3] [8] [7] [6] [9].