Factlen ExplainerBiometric BorderPolicy ExplainerJul 15, 2026, 11:21 AM· 5 min read· #2 of 2 in travel

The Mechanics of the Digital Border: How the New US Biometric Entry-Exit System Will Scan All Non-Citizens

Starting in December 2025, a new Department of Homeland Security rule mandates facial recognition scans for virtually all non-U.S. citizens entering and leaving the country. The policy eliminates previous age exemptions and applies to all visa holders and Lawful Permanent Residents, fundamentally altering border privacy and residency tracking.

By Factlen Editorial Team

Border Security & Enforcement 35%Immigrant & Permanent Resident Advocates 35%Privacy & Civil Liberties Watchdogs 30%
Border Security & Enforcement
Focuses on closing visa overstay gaps, preventing document fraud, and modernizing the border.
Immigrant & Permanent Resident Advocates
Focuses on the surveillance of legal residents, the end of the residency 'gray area,' and the inability to opt out.
Privacy & Civil Liberties Watchdogs
Focuses on data retention disparities, algorithmic accuracy, and the long-term storage of biometric data.

What's not represented

  • · Airlines and Port Authorities tasked with implementing the physical camera infrastructure.
  • · Tourism boards concerned about the chilling effect of increased surveillance on international visitors.

Why this matters

Starting December 2025, every non-U.S. citizen—including permanent Green Card holders—will be subject to mandatory facial recognition scans when leaving the country, fundamentally changing how the government tracks residency, enforces visa limits, and retains biometric data.

Key points

  • A new DHS rule effective December 26, 2025, mandates biometric facial scans for all non-U.S. citizens entering and exiting the country.
  • The mandate explicitly includes Lawful Permanent Residents (Green Card holders) and removes previous exemptions for children and the elderly.
  • U.S. citizens can opt out of the facial recognition process, while non-citizens cannot.
  • Biometric data for U.S. citizens is deleted within 12 hours, whereas non-citizen data can be retained for up to 75 years.
  • The system aims to definitively track visa overstays and prevent the use of fraudulent travel documents.
Dec 26, 2025
Rule effective date
75 years
Max data retention for non-citizens
12 hours
Max data retention for U.S. citizens
97%
CBP claimed matching accuracy

The era of slipping out of the United States with a quick glance at a passport and a boarding pass is coming to an end. Effective December 26, 2025, a sweeping new Department of Homeland Security rule fundamentally alters how the U.S. border operates, mandating the collection of biometric data—primarily facial recognition—from virtually all non-U.S. citizens upon entry and departure.[1]

While U.S. Customs and Border Protection (CBP) has collected fingerprints and photos from arriving foreign nationals for over two decades, the exit process has historically relied on airline manifests and biographic data. The new regulation transforms a patchwork of pilot programs into a permanent, nationwide Biometric Entry-Exit system spanning airports, seaports, and land borders.[3]

The most significant shift is who falls under the scanner. The mandate explicitly includes Lawful Permanent Residents (LPRs), commonly known as Green Card holders, alongside temporary visa holders, students, and tourists. Furthermore, the rule strips away previous age-based exemptions, meaning children under 14 and adults over 79 are now subject to facial biometric collection.[1]

For Green Card holders, the implementation of mandatory exit scans closes a long-standing logistical loophole. Immigration law requires permanent residents to maintain their primary domicile in the United States. Historically, some LPRs who lived predominantly overseas relied on a "gray area," making brief, periodic trips to the U.S. to keep their status active, knowing that exit records were sometimes delayed or incomplete.[4]

The new DHS rule establishes vastly different opt-out and data retention policies based on citizenship.
The new DHS rule establishes vastly different opt-out and data retention policies based on citizenship.

The new automated system instantly and precisely logs the exact second a traveler departs. Immigration analysts note that this digital precision will give CBP an irrefutable, real-time ledger of exactly how many days a Green Card holder spends outside the country, likely triggering increased scrutiny or status abandonment proceedings for those not genuinely residing in the U.S.[4]

The mechanics of the digital border rely on a cloud-based matching service known as the Traveler Verification Service (TVS). When a traveler approaches a departure gate or a land border checkpoint, a camera captures a live photograph. This image is instantly transmitted to the TVS, which compares it against a pre-assembled digital gallery of photos drawn from the traveler's passport, visa applications, or previous border encounters.[3]

According to CBP, this contactless process takes only seconds and boasts a matching accuracy rate exceeding 97 percent. If the system flags a mismatch or an unresolved immigration issue—such as an outstanding warrant or an expired visa—officers are alerted to intercept the traveler before they can board their flight or cross the border.[2]

According to CBP, this contactless process takes only seconds and boasts a matching accuracy rate exceeding 97 percent.

The stated goal of the comprehensive entry-exit system is to close critical gaps in national security and immigration enforcement. Congress first mandated a biometric tracking system in 1996, and the requirement gained urgency following the September 11 attacks. CBP argues that facial comparison is the most operationally feasible way to fulfill this mandate without crippling the flow of global travel.[3]

A primary target of the expanded system is the identification of visa overstays. By precisely matching entry and exit records using biometric identifiers, the government can definitively determine who has remained in the country beyond their authorized period of admission, while also catching imposters attempting to use stolen or fraudulent travel documents.

CBP officers will use the Traveler Verification Service to instantly match live photos against existing passport and visa databases.
CBP officers will use the Traveler Verification Service to instantly match live photos against existing passport and visa databases.

However, the sweeping nature of the rule has ignited fierce debate over privacy, civil liberties, and the creation of a massive biometric surveillance apparatus. A central point of contention is the stark disparity in how the system treats U.S. citizens compared to non-citizens.[2][4]

Under the final rule, U.S. citizens are not required to participate in the facial recognition process and can explicitly opt out, requesting a manual document check instead. Non-citizens, including Green Card holders who live and work permanently in the United States, have no such right to opt out. If a non-citizen refuses the biometric scan, they may be denied entry or face severe delays and secondary screening upon departure.[1]

Data retention policies further highlight this divide. When a U.S. citizen's photo is captured—either voluntarily or before they opt out—DHS policy dictates that the image is held in secure systems for no more than 12 hours after identity verification is complete.[1][2]

In contrast, the biometric data of non-citizens is transferred to the DHS central biometric database, where records can be retained for up to 75 years. Privacy watchdogs argue that this creates a permanent, searchable biometric ledger of millions of legal residents and visitors, vulnerable to future mission creep or data breaches.[2][4]

The mechanics of the Traveler Verification Service (TVS) matching process.
The mechanics of the Traveler Verification Service (TVS) matching process.

The Government Accountability Office (GAO) and civil rights organizations have previously raised concerns about the disproportionate impact of facial recognition technology on marginalized groups, noting that algorithmic bias can lead to higher false-rejection rates for certain demographics. While CBP maintains that its operational data shows no significant demographic disparities, the mandatory nature of the scans leaves travelers with little recourse if the technology fails.[2][3]

The rollout of the nationwide system is expected to take three to five years to complete fully, with major international airports prioritized for early 2026. Seaports and high-traffic land borders will follow, requiring significant infrastructure upgrades to install cameras at pedestrian and vehicle checkpoints.[1]

As the December 2025 effective date approaches, the travel landscape is fundamentally shifting. For tourists, the change may simply mean looking into a camera rather than handing over a boarding pass. But for the millions of Green Card holders and visa workers who call the United States home, the digital border represents a new era of permanent, unavoidable biometric tracking.[4]

How we got here

  1. 1996

    Congress first mandates an automated entry-exit tracking system for foreign nationals.

  2. 2001-2004

    Following the September 11 attacks, the mandate is expanded to require biometric data collection, leading to fingerprinting upon entry.

  3. 2017

    CBP begins piloting facial recognition technology for departing flights at select international airports.

  4. November 2025

    DHS publishes the Final Rule authorizing nationwide biometric collection for all non-citizens upon entry and exit.

  5. December 26, 2025

    The Final Rule takes effect, officially removing age exemptions and mandating scans for Green Card holders.

Viewpoints in depth

Border Security & Enforcement

Federal agencies view the biometric mandate as the final step in securing the border and closing visa loopholes.

For decades, the U.S. government has struggled to accurately track who leaves the country, relying on a patchwork of airline manifests that made it difficult to definitively identify visa overstays. U.S. Customs and Border Protection (CBP) argues that facial recognition is the only operationally feasible way to fulfill a 1996 congressional mandate for a comprehensive entry-exit system. By matching a live photo against a verified database in seconds, agencies believe they can eliminate document fraud, intercept individuals with outstanding warrants, and secure the border without slowing down global travel.

Immigrant & Permanent Resident Advocates

Advocates warn that the rule subjects legal residents to unavoidable surveillance and rigid residency tracking.

Immigration attorneys and advocacy groups are raising alarms about the inclusion of Lawful Permanent Residents (Green Card holders) in the mandatory scans. Because the system logs the exact second a traveler departs, it eliminates the 'gray area' previously used by some residents who split their time between the U.S. and abroad. Advocates argue that treating permanent residents the same as temporary visitors—and denying them the opt-out rights granted to U.S. citizens—creates a two-tiered system that treats legal immigrants as perpetual suspects subject to continuous federal monitoring.

Privacy & Civil Liberties Watchdogs

Civil rights groups focus on the massive scale of data retention and the risks of algorithmic bias.

Organizations tracking government surveillance are deeply concerned by the DHS policy that allows non-citizen biometric data to be retained for up to 75 years. Watchdogs argue this creates a permanent, centralized database of millions of faces that could be vulnerable to breaches or future mission creep. Furthermore, groups like the Government Accountability Office have repeatedly highlighted that facial recognition algorithms can exhibit demographic biases, leading to higher false-rejection rates for people of color—a risk that becomes unavoidable when the scans are mandatory.

What we don't know

  • How frequently the Traveler Verification Service (TVS) will produce false rejections for marginalized demographics during high-volume nationwide deployment.
  • Whether the 75-year data retention policy for non-citizens will face successful legal challenges from civil liberties organizations.
  • Exactly how strictly CBP will use the new exit data to initiate status abandonment proceedings against Green Card holders who spend significant time abroad.

Key terms

Biometric Entry-Exit System
A DHS program that uses physical characteristics, primarily facial recognition, to verify the identity of travelers entering and leaving the U.S.
Traveler Verification Service (TVS)
The cloud-based facial matching service used by CBP to compare live photos captured at the border against a gallery of existing government images.
Lawful Permanent Resident (LPR)
A non-citizen who has been granted authorization to live and work in the United States on a permanent basis, commonly known as a Green Card holder.
Visa Overstay
A situation where a foreign national enters the U.S. legally on a temporary visa but remains in the country after their authorized period of admission has expired.

Frequently asked

Can Green Card holders opt out of the facial recognition scan?

No. Under the new rule, only U.S. citizens have the right to opt out of the biometric scans. Lawful Permanent Residents (Green Card holders) must participate.

When does the new biometric rule take effect?

The final rule officially takes effect on December 26, 2025, with nationwide rollout continuing over the next three to five years.

Are children exempt from the biometric scans?

No. The new rule explicitly removes previous age-based exemptions, meaning children under 14 and adults over 79 are now subject to facial recognition collection.

How long does the government keep the photos?

Photos of U.S. citizens are deleted within 12 hours of identity verification. Photos of non-citizens can be retained in the DHS central biometric database for up to 75 years.

Sources

Source coverage

4 outlets

3 viewpoints surfaced

Border Security & Enforcement 35%Immigrant & Permanent Resident Advocates 35%Privacy & Civil Liberties Watchdogs 30%
  1. [1]Federal RegisterBorder Security & Enforcement

    Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States

    Read on Federal Register
  2. [2]NextgovPrivacy & Civil Liberties Watchdogs

    DHS finalizes rule expanding biometric exit checks

    Read on Nextgov
  3. [3]Government Accountability OfficePrivacy & Civil Liberties Watchdogs

    Facial Recognition Technology: CBP Traveler Identity Verification and Efforts to Address Privacy Issues

    Read on Government Accountability Office
  4. [4]Factlen Editorial TeamImmigrant & Permanent Resident Advocates

    Synthesis by Factlen editorial team

    Read on Factlen Editorial Team
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