United States | DHS issues final rule with request for comments expanding biometric collection at US borders, effective Dec. 26

The Department of Homeland Security published a final rule Oct. 27 that provides, effective Dec. 26, 2025, that “DHS may require all aliens to be photographed when entering or exiting the United States and may require non-exempt aliens to provide other biometrics.”

Key Points:

• The final rule removes prior limitations on certain pilot programs and ports of departure, stating that it “also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports or any other authorized point of departure.”
• According to the rule’s purpose statement, “[a]n integrated biometric entry-exit system provides an accurate way to verify an individual’s identity, and, consequently, can improve security and effectively combat attempts by terrorists who use false travel documents to circumvent border checkpoints.”
• U.S. Customs and Border Protection (CBP) will collect the biometric data on behalf of DHS. The final rule states, “CBP plans to eventually establish a biometric entry-exit system at all air, sea and land ports of entry.”
• Public comments can be submitted on or before Nov. 26, 2025, here.
• BAL will continue to monitor and provide updates on program implementation and further developments.

This alert has been provided by the BAL U.S. Practice Group.

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