How can travelers prepare or assert rights when facing mandatory biometric screening at arrival?
Executive summary
The Department of Homeland Security’s final rule makes biometric capture (primarily facial images, with fingerprints and other modalities possible) mandatory for non‑U.S. citizens at U.S. entry and exit points effective December 26, 2025 [1] [2]. Refusing biometrics can lead to denied boarding or entry and the policy removes prior pilot and port limits while CBP plans a 3–5 year phased national rollout [1] [3].
1. What the rule actually requires — mandatory capture across ports
DHS’s final rule authorizes U.S. Customs and Border Protection (CBP) to collect facial biometrics from all noncitizens on arrival and departure at airports, land ports, seaports and “other authorized points of departure,” and it explicitly contemplates collecting other biometrics such as fingerprints and potentially iris data [2] [1]. The rule abolishes earlier pilot-site limitations and certain age exemptions, and CBP projects full implementation at commercial airports and seaports within three to five years [4] [3].
2. Immediate practical effects for travelers — compliance and consequences
CBP and multiple outlets report that travelers who refuse required biometrics risk being denied boarding or refused entry; the rule is described as mandatory for non‑U.S. citizens beginning Dec. 26, 2025 [1] [5]. Legal and immigration advisers warn that the expanded system will flag short overstays and “unlawful presence,” which can carry significant future immigration penalties [6] [7].
3. How travelers can prepare — documentation and known‑traveler programs
Sources recommend that foreign nationals traveling to the U.S. expect to have photographs taken and biometric checks performed at both arrival and departure; preparing valid travel documents, resolving outstanding immigration issues before travel, and enrolling in Trusted Traveler programs where eligible will reduce friction [8] [9]. CBP and reporting note automation (e‑gates/kiosks) will be used at many ports to speed processing, so travelers should follow signage and instructions at kiosks to ensure smooth captures [1].
4. Options and limits on “opting out” — not a universal escape
Coverage in the reporting stresses the rule makes biometrics mandatory for noncitizens and refusal can have operational consequences like denied boarding or entry; sources do not describe a general right to “opt out” for foreign nationals under this final rule [1] [4]. Other biometric programs (for example TSA’s CAT facial matching at checkpoints) permit alternative ID checks domestically, but available sources do not state that such opt‑out alternatives apply to the new DHS entry/exit mandate for noncitizens (p1_s12; available sources do not mention an opt‑out process for the DHS rule).
5. Privacy, retention and civil‑liberties concerns
Civil‑liberties advocates and some lawmakers have raised concerns about retention periods, intra‑agency sharing, private‑sector involvement and accuracy/bias of facial recognition; reporting notes these remain points of scrutiny even after the rule’s publication [4] [10]. Legislative proposals such as the Traveler Privacy Protection Act would have imposed affirmative‑consent and deletion timelines, illustrating a competing viewpoint in Congress and advocacy circles [11].
6. What to do at the checkpoint if confronted with biometric screening
Journalistic reporting and legal advisories converge on practical steps: carry valid documents, cooperate with lawful processing to avoid denial of entry or further immigration action, and if there is a dispute seek a supervisor or request contact with an immigration attorney — but the sources emphasize that noncompliance can have direct travel consequences under the new rule [8] [1]. For domestic TSA facial‑matching contexts, travelers historically have an alternative ID check; however, the DHS rule’s mandatory scope for noncitizens at the border makes refusal a different legal and operational question (p1_s12; available sources do not mention that domestic TSA opt‑out rights extend to the DHS entry/exit mandate).
7. Longer‑term context and competing agendas
DHS frames the expansion as closing security gaps and improving identity verification to combat terrorism and document fraud, citing longstanding statutory and policy drivers dating back to the 9/11 Commission and prior administrations’ mandates [3] [2]. Opponents — civil‑liberties groups and some legislators — frame the change as large‑scale surveillance with insufficient safeguards; both positions appear in the sources and shape likely legal and political challenges [4] [11].
8. Bottom line for travelers
From Dec. 26, 2025, plan to be photographed and, where applicable, biometrically processed when entering or leaving the U.S. if you are not a U.S. citizen; refusal carries tangible travel and immigration risks [1] [2]. Prepare by confirming travel documents, resolving immigration status questions before travel, considering trusted‑traveler enrollment if eligible, and, when processing becomes contentious, requesting supervisory review or legal counsel as advised in the reporting [8] [9].