CBP to Collect Biometrics Data from Noncitizens Entering and Exiting U.S.

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Department of Homeland Security (DHS) issued a final rule requiring all non-U.S. citizens to be photographed (biometrics) upon U.S. entry and exit. This includes U.S. lawful permanent residents and previously exempt individuals such as minors under 14 and adults over 79 years of age.

The U.S. Customs and Border Protection (CBP) is responsible for implementing this rule and has been collecting biometric data from certain noncitizens entering the U.S. since 2004. The difference now, is that the rule expands to all non-U.S. citizens and includes U.S. exit. The final rule will go into effect December 26, 2025. Failure for non-U.S. citizens to comply with this biometrics requirement may result in a denial of U.S. entry or other immigration benefits.

While U.S. citizens and nationals are also subject to biometrics inspection upon U.S. entry and exit, participation in the biometric photo verification program is voluntary. U.S. citizen travelers who do not wish to have a photograph taken may request an alternative inspection process. However, travel may be delayed or disrupted for travelers making this request. Note that biometrics captured during this process are deleted within 12 hours for U.S. citizens.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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