Which countries legally require facial recognition for international arrivals and can travelers refuse?
Executive summary
Several countries use facial recognition at international borders; the U.S., China and many European states deploy it at airports for arrivals and departures, and some places require it for certain classes of travelers (for example certain non‑citizens or passport‑less migrants) while citizens often have more opt‑out pathways (U.S. Customs and Border Protection and CBP use FRT at all arrival airports and expanded exit/departure programs) [1]. Whether a traveler can refuse depends on jurisdiction and traveler status: in the U.S. citizens are generally allowed an alternative identity check at TSA checkpoints while certain non‑citizens or migrants have been required to submit to biometric scans [2] [3].
1. Which countries run facial recognition at international arrival gates — a global snapshot
Facial recognition for border control is widespread: CBP reports FRT deployed for arrivals at all U.S. international airports and for departures at many locations as part of its biometric entry‑exit programme [1]. Academic surveys and handbooks list Australia, France, the U.K., Germany, the Netherlands and the U.S. among countries that have employed FRT at arrival gates; broader reviews conclude roughly 60% of countries use FRT in some airports [4] [5]. Independent trackers and reports show adoption ranges from large‑scale national systems (China) to pilot projects across Europe and Australia [6] [7].
2. Which countries legally require a face scan for international arrivals — the messy realities
Available sources make clear rules vary by country and by traveler category rather than a single global list of “mandatory everywhere.” In the U.S., CBP’s biometric programs are implemented across arriving international travelers and the agency has statutory mandates for creating entry‑exit records; for departures the program has been rolled out at many airports [1]. Reuters and GAO reporting describe expansions that specifically target non‑citizens for tracking entry and exit, and notes some groups (e.g., migrants without passports) have been required to submit to scans in practice [8] [3]. Sources do not present a definitive list of every national law that explicitly makes a scan legally mandatory for all arrivals; the rules are often framed as program requirements, agency policies, or statutory mandates for biometric records rather than simple “you must be scanned” laws covering all travelers [1] [8].
3. Can travelers refuse? — Different answers for citizens, non‑citizens and migrants
Whether a traveler can refuse depends on status and process. U.S. federal guidance and agency statements say travelers may decline TSA facial recognition at security checkpoints and request manual ID checks; multiple consumer outlets quote TSA language promising an alternative identity verification for those who opt‑out [2] [9]. At the same time, CBP programs used for arrival identity checks are broadly applied to international arrivals and CBP has treated enforcement differently for non‑citizens and migrants — reporting shows migrants without passports were required to submit scans to board domestic flights in some cases [3] [1]. Reuters and U.S. reporting describe new rules expanding use to track non‑citizens entering and leaving the U.S., indicating less flexibility for some foreign nationals [8].
4. Europe and other democracies — restrictions, pilots and growing pushback
European law and regulators are increasingly restrictive: the EU’s emerging AI/biometrics framework and guidance from bodies such as the European Data Protection Board seek to limit indiscriminate live biometric identification in public spaces and impose strict safeguards for law‑enforcement uses [10] [11]. Member states vary: airports trial biometric boarding, but data‑protection authorities have suspended or scrutinized deployments when consent, retention, or safeguards were inadequate [12]. Sources note Belgium and Luxembourg have taken firmly restrictive stances on facial recognition broadly, though even there police exceptions exist [13] [6].
5. Practical takeaways for travellers and policymakers
Travelers should assume many airports use facial biometrics and that ability to decline depends on where you are and your immigration status: U.S. citizens generally have an opt‑out route at TSA checkpoints but foreign nationals and migrants may face mandatory biometric checks under CBP programs [2] [1] [3]. Policymakers face tradeoffs: authorities argue FRT speeds processing and detects fraud; privacy advocates point to misidentification risks and discriminatory accuracy gaps, prompting legislative scrutiny and proposed bans or tighter limits in several jurisdictions [4] [10] [12].
Limitations and gaps in reporting: available sources document major national programs and notable cases (U.S., China, parts of Europe and Australia), but do not supply a single, up‑to‑date, country‑by‑country legal registry of mandatory facial scans for arrivals; national practices change rapidly and are often governed by agency policy rather than a simple statutory “must submit” rule [1] [4].