U.S. to Photograph Every Non‑Citizen Who Enters or Leaves Under Sweeping DHS Rule

The Department of Homeland Security on Friday unveiled a rule that would require photographs of every non‑citizen entering and departing the United States, expanding a biometric program that until now applied only at certain ports and to select traveler categories. Under the regulation from U.S. Customs and Border Protection, the agency would build a comprehensive system to capture photographs and other biometric identifiers — including fingerprints already in use for some arrivals — “regardless of where” a non‑citizen crosses a border. CBP said the expanded data collection is designed to strengthen border security, reduce fraudulent use of travel documents and close gaps that let some visa holders overstay. CBP pointed to recent advances in facial‑comparison technology and to a program it already uses — “Simplified Arrival,” which applies facial recognition to commercial air passengers on entry — as a springboard for extending similar checks more broadly. The agency estimated it could roll out full entry and exit screening at airports and seaports within three to five years. The rule marks a significant broadening of authorities CBP has exercised since it began collecting biometric data from some non‑citizens in 2004. DHS says the move simply updates enforcement to reflect modern capabilities and relies on laws passed more than two decades ago to justify the expansion. Civil liberties advocates were swift to condemn the policy. Cody Venzke, senior policy counsel at the American Civil Liberties Union, said the legal text could not have anticipated today’s facial recognition systems and argued the technology “is unreliable, disproportionately harms people of color, and serves as the foundation for a perpetual surveillance state.” He pointed out that while U.S. citizens technically can opt out of some biometric collection, experience shows that choice is often “illusory.” Public opposition to the idea is not new: most comments filed in response to a 2021 proposal opposed blanket photography of foreign visitors, citing privacy and discrimination concerns. The final rule released by DHS largely follows that earlier proposal, and the department will open a fresh 30‑day public comment period after the regulation appears in the Federal Register on Oct. 27. The announcement also continues a broader federal push — begun under the previous administration — to expand how the government collects and cross‑references data on immigrants and foreign nationals, including proposals to create immigrant registries and use taxpayer records for enforcement purposes. Supporters say broader biometric tracking is a practical tool to modernize immigration controls and prevent fraud; opponents warn it edges the country toward continuous, normalized surveillance. Operational questions remain. While CBP has outlined timelines for airports and seaports, it has not provided a firm schedule for land ports of entry — where millions of short cross‑border trips occur annually — or for how the new data will be governed, shared, stored or secured over time. Privacy advocates also note that algorithms used in facial recognition have shown higher error rates for people with darker skin tones, raising concerns about misidentification and disproportionate enforcement. Legal challenges to similar programs have been mounted in the past, and advocates say litigation and Congressional oversight are likely next steps if the rule is finalized. For now, travelers and immigrant communities face a near‑term change to the mechanics of crossing the border, and a longer debate about the balance between security, civil liberties and the limits of government surveillance.