Is America going too far? New U.S. border rules to photograph every non-citizen spark privacy outcry ahead of December rollout

The United States is preparing to introduce one of its most far-reaching border surveillance policies yet, announcing plans to photograph every non-citizen entering or leaving the country. The initiative, which expands on existing biometric collection programs, will become fully effective on December 26, 2025, according to a new filing from U.S. Customs and Border Protection (CBP) in the Federal Register.

Under the updated regulation, all non-U.S. citizens—including permanent residents and visa holders—will be required to submit photographs and other biometric data, such as fingerprints or possibly DNA samples, as part of their immigration or travel process. The measure aims to strengthen border security, prevent identity fraud, and reduce the number of visitors who overstay their visas.

A New Era of Border Technology

CBP officials say advancements in facial recognition technology now make it possible to verify travelers’ identities more efficiently, even at high-traffic ports of entry. Using what the agency describes as “next-generation biometric galleries,” border agents will compare live photos of travelers with stored images from passports, visas, or previous crossings.

This expansion builds on years of gradual implementation of facial comparison systems at airports and seaports. The new rule, however, extends mandatory biometric verification to all points of entry and exit, including land crossings and sea terminals—marking the first time such surveillance will be comprehensive.

Notably, the rule also removes exemptions for children under 14 and seniors over 79, who had previously been spared from facial scanning. CBP argues that consistent data collection across all demographics will improve accuracy and security.

Why the U.S. Is Expanding Its Surveillance

The new policy is part of a long-term plan by the Department of Homeland Security (DHS) to build a fully automated entry-exit system. The agency says the system will help identify individuals who overstay their visas or attempt to use fraudulent travel documents.

CBP cited concerns about terrorism, illegal immigration, and document forgery as driving forces behind the initiative. Officials also referenced post-9/11 national security directives and a 2017 United Nations Security Council resolution urging member states to strengthen aviation and border security using biometric data.

Rising Privacy and Ethical Concerns

Despite assurances from the government, civil liberties advocates have warned that the move could deepen surveillance overreach and exacerbate racial bias in law enforcement. Studies by watchdog groups and the U.S. Commission on Civil Rights have shown that facial recognition algorithms are more likely to misidentify people of color, potentially leading to wrongful detentions or travel delays.

The DHS received hundreds of public comments opposing similar measures when they were proposed in 2021. Privacy experts continue to argue that mass biometric collection creates risks of data breaches, unauthorized use, and discrimination.

What Happens Next

According to CBP projections, it may take three to five years before the system is fully operational across all entry and exit points. DHS will open a 30-day public comment period following the publication of the final rule on October 27, 2025, inviting feedback from stakeholders, advocacy groups, and travelers.

Meanwhile, Canadian travelers, snowbirds, and frequent cross-border commuters will also be subject to the new rules once technical challenges at land ports are resolved.

The regulation underscores a growing global trend: governments leveraging biometric technologies for border management, even as debates about privacy and personal freedom intensify.

FAQ

1. Who will be affected by the new U.S. border biometric rule?
All non-U.S. citizens—including immigrants, green card holders, and visitors—will be photographed and may have other biometric data collected when entering or leaving the country.

2. When does the rule take effect?
The new policy is scheduled to take effect on December 26, 2025, following a public comment period.

3. Does the rule apply to children and the elderly?
Yes. Unlike previous policies, this regulation includes minors under 14 and adults over 79.

4. Why is the U.S. implementing this system now?
The government says improved facial recognition technology enables better verification, reduces fraud, and enhances national security.

5. Are there privacy concerns?
Yes. Civil rights organizations argue the policy could lead to surveillance abuse, data misuse, and disproportionate targeting of certain groups.