New Rule DHS: To Photograph Green Card and Visa Holder Exiting and Entering U.S. (Effective December 26, 2025)

Enhanced Biometric Tracking and Facial-Recognition Expansion at U.S. Borders

At a Glance

• Effective Date: December 26, 2025
• Agency: U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS)
• Who’s Affected: All non-U.S. citizens — including green-card** holders (LPRs)**, temporary visa holders, and foreign visitors
• What’s Changing: CBP will now photograph travelers upon both entry and exit, using facial-recognition technology linked to immigration databases.
• Goal: Identify visa overstays, verify departures, and enhance security by implementing biometric and facial recognition measures to strengthen national-security screening.
• Where: Applies at commercial airports, seaports, and land crossings.
• Timeline: CBP plans to fully implement the biometric entry-exit system within three to five years.

Fast Fact:

The U.S. has been required by Congress since 1996 to implement a comprehensive “entry-exit tracking system.” The 2025 rule finally makes it mandatory for nearly all non-citizens — including lawful permanent residents.

1. What the Rule Says — Overview of the December 2025 Expansion

The Department of Homeland Security has finalized a sweeping biometric expansion requiring border officers to photograph non citizens—including lawful permanent residents (green-card holders) and foreign nationals—every time they enter or leave the United States. This initiative is part of a broader effort by the Trump administration to tighten border security measures.

Under this rule, border officers will use facial-recognition cameras to verify identity by comparing a traveler’s live photo with existing DHS, DOS, and CBP records. CBP systems will also generate galleries of biometric images associated with individuals to compare against live photos taken at entry and exit points.

• Applies at airports, seaports, and land crossings.
• Includes all travelers except U.S. citizens.
• Operates under CBP’s Traveler Verification Service (TVS) and Biometric Entry-Exit Program.

Official Source:CBP Press Release (2025) | Federal Register Notice (DHS, Oct 2025).

Need to Know:

If a non-citizen refuses to be photographed, CBP may deny entry, boarding, or verification of departure — effectively blocking travel.

2. Who Is Covered — And Who Is Exempt

Expert Tip:

Permanent residents returning from trips abroad longer than one year should still carry a reentry permit — and expect biometric verification both ways.

3. Old vs. New Policy — Comparison Table

Key Insight:

This expansion effectively treats lawful permanent residents like foreign visitors for biometric purposes, even though they live permanently in the U.S. The new regulation requires all non-citizens, including Green Card holders, to be photographed and processed at entry and exit, reflecting changes not foreseen by the laws passed many years ago.

4. Why the Change — DHS’s Enforcement Rationale

CBP justifies the rule as a way to:

• Track visa overstays: Roughly 42 % of undocumented immigrants entered legally but overstayed their visas. A 2023 Congressional Research Service report estimated that visa overstays accounted for 42% of unauthorized immigrants in the U.S. Comparing biometric data at entry and departure helps address national security concerns, including terrorism, document fraud, overstays, and improper biographic data.
• Strengthen national security: Better verification prevents use of fake passports or identity fraud. The rule addresses national security concerns and national security concerns arising from terrorism, document fraud, overstays, and unauthorized presence.
• Prevent fraudulent documents: Biometric and facial recognition technology aids in detecting fraudulent travel documents and fraudulent documents, enhancing border security and verifying traveler identities at ports of entry.
• Modernize border management: Automates screening, reduces officer workload, and accelerates boarding.
• Satisfy congressional mandates: The 1996 IIRIRA law and 9/11 Commission Report both demanded a biometric entry-exit system.

Fast Fact:

CBP’s facial-recognition system has already processed over 300 million travelers and helped identify 1,800+ impostors, according to DHS data (2024 CBP Report).

5. Civil-Liberties Concerns and Legal Challenges

While CBP frames the program as security-driven, civil-rights advocates warn of significant privacy concerns raised by the collection and storage of biometric data. Privacy advocates have expressed concerns that the policy could normalize mass surveillance.

• Privacy risks: Millions of biometric images stored in federal systems for years.
• Accuracy problems: Studies show higher mis-identification rates for darker-skinned and female travelers. Facial recognition systems are more prone to errors in identifying black individuals and minorities, raising civil rights concerns and disproportionately harms people of color and other marginalized groups.
• Data sharing: DHS may share data with FBI, ICE, or foreign governments.
• Consent issues: Few travelers understand they’re being enrolled in a federal facial database.

Critics also fear that ongoing biometric monitoring could lead to a perpetual surveillance state, where individuals are subject to constant government observation and loss of privacy rights.

Organizations such as the Electronic Frontier Foundation (EFF) and American Civil Liberties Union (ACLU) have criticized the rule and may pursue litigation. A senior policy counsel from the ACLU has specifically raised concerns about the fairness, accuracy, and civil rights implications of these border security measures. EFF Biometric Tracking Report.

Important Note:

Although DHS claims the system deletes U.S. citizen photos within 12 hours, there is no statutory deletion period for non-citizens.

6. What This Means for Green-Card and Visa Holders

A. Travel Planning

• Expect facial-recognition cameras at boarding gates and customs checkpoints.
• Ensure your passport and green card are in good condition — damaged photos may trigger manual inspection.
• Keep proof of U.S. residence (lease, job letter, tax returns) for re-entry.

B. Refusal or Technical Failure

• Travelers who refuse or fail to comply may face secondary inspection or even denial of entry.
• If biometric verification fails, CBP can request manual ID and record the incident.
• Repeat failures could complicate future travel or naturalization applications.

C. Data Accuracy

• Always verify your travel record via I-94 portal after each trip.
• Correct errors promptly using the DHS Traveler Redress Inquiry Program (TRIP).

Need to Know:

Facial mismatches could delay your entry or departure — even for lawful permanent residents. Always double-check your records after travel.

7. Legal and Ethical Context

This rule also blurs long-standing distinctions between immigrants and non-immigrants.
Green-card holders — once considered “returning residents” — now face the same biometric scrutiny as temporary visitors. The implementation of these measures is grounded in U.S. immigration laws, which provide the legal framework for biometric data collection and border enforcement.

Legal scholars argue this re-categorization could influence future enforcement policies, such as:

• Enhanced monitoring of LPR travel history.
• Data-driven reviews during naturalization (Form N-400).
• Increased information-sharing with ICE for fraud detection and to combat illegal immigration.

Key Insight:

Biometric exit tracking could indirectly expand ICE’s ability to locate immigrants who spend extended time abroad or appear to have abandoned residency.

8. Regional Focus — Cleveland & Columbus, Ohio

Ohio’s airports (Cleveland Hopkins International and John Glenn Columbus International) are both slated for early integration under CBP’s biometric rollout plan.
Travelers departing from or returning to Ohio should expect photo capture beginning mid-2026.

Local Implications:

• Cleveland Clinic, Ohio State University, and international employers with H-1B/L-1 staff will face added compliance verification.
• Permanent residents commuting between Canada and Ohio will be photographed at Detroit-Windsor and Buffalo-Niagara crossings.

Fast Fact:

Ohio hosts over 240,000 foreign-born residents, many of whom are green-card holders who travel frequently abroad.

9. Law Firms Experienced in Biometric and Travel-Compliance Law

Below is a comparative overview of leading immigration law firms that can advise travelers on the new rule.

Expert Tip:

When choosing counsel, look for firms familiar with CBP secondary-inspection defense and DHS biometric appeals — not just visa filings.

10. How to Prepare — Step-by-Step Checklist

Before You Travel

• Verify your green-card validity (I-551 expiration).
• Confirm travel history via I-94 CBP site.
• Carry reentry permit if staying abroad > 1 year.
• If naturalization is pending, notify your attorney before long trips.

At the Border or Airport

• Remove hats, masks, and glasses when prompted.
• Cooperate with camera capture; it lasts less than two seconds.
• Review the screen confirmation if visible.
• Keep boarding passes or itineraries showing U.S. departure.

After Return

• Review your travel record for errors.
• Report mismatches through DHS TRIP.
• Maintain travel log for naturalization purposes.

Important Note:

If you receive a DHS notice alleging “abandonment of residence,” contact an immigration attorney immediately — you may need to file Form I-131A for a returning resident visa.

11. Privacy Protections and Data Use

According to DHS, data collection at entry and exit points involves gathering photographs and biometric information from travelers to ensure security, verify identities, and combat fraud. The biometric data collected—including photos, fingerprints, and other biometric data—will be stored in the IDENT/HART system and shared with:

• USCIS (for identity verification)
• ICE (for enforcement)
• FBI (for criminal background checks)

Data from aliens collected is used to enhance border security, verify identities, and support immigration enforcement efforts.

Photos of U.S. citizens inadvertently taken will be deleted within 12 hours.

• USCIS (for identity verification)
• ICE (for enforcement)
• FBI (for criminal background checks)

Retention varies:

• Short-term (12 hrs) for U.S. citizens.
• Long-term (up to 75 years) for non-citizens, per DHS record schedules.

Accurate and comprehensive biographic data is crucial for these systems; incomplete biographic data can impede security, identity verification, and enforcement efforts.

Key Insight:

The 75-year retention policy effectively means your faceprint will remain in federal archives for life — a major privacy consideration.

12. Global Context — U.S. vs. Other Nations

Fast Fact:

The U.S. rule aligns with similar systems in the EU and U.K., signaling a global shift toward biometric border management for international travelers.

13. Potential Legal Remedies

If travelers face adverse consequences (e.g., denial of entry or incorrect departure record), they may:

1. File a DHS TRIP complaint.
2. Seek correction under the Privacy Act of 1974.
3. Retain counsel to challenge improper data use or due-process violations.

CBP Redress Procedures | Privacy Act Guidance.

14. Chart — Timeline of Biometric Rule Evolution

15. Frequently Asked Questions

Q1. Does this apply to U.S. citizens?
No. U.S. citizens are exempt, though their photos may be voluntarily matched for boarding efficiency.

Q2. What if I refuse the photo?
CBP can deny boarding or entry. There is no opt-out provision for non-citizens.

Q3. Does this affect conditional green-card holders?
Yes. Holders of 2-year conditional cards (Form I-751 pending) must also comply.

Q4. Will the photo be stored permanently?
Yes, for up to 75 years under DHS record rules.

Q5. How will this affect naturalization?
Likely minimal, but inconsistent travel records could delay Form N-400 review.

Q6. Are there exceptions for minors?
Limited — if technically infeasible, CBP may waive, but expect photo capture.

Q7. Can I challenge a mistaken biometric record?
Yes, through DHS TRIP or legal counsel.

16. Key Takeaways

• Beginning December 26 2025, all green-card and visa holders, including green card holders and foreign travelers, will be photographed at both entry and exit under CBP’s new biometric rule.
• The new border security system leverages advanced biometric and facial recognition technology to monitor entries and exits, enhance security, and combat document fraud.
• Facial-recognition verification replaces manual passport stamping at most airports and land crossings, with exit rules enforced and secure exit lanes implemented at ports to facilitate the process.
• The rule’s scope covers all non-citizens, with us customs and border and us customs as the primary implementing agencies under the authority of the us department of Homeland Security.
• Border officials and border authorities are responsible for enforcing the new rules, overseeing biometric data collection and facial recognition at entry and exit points.
• The system stores real time images and images linked to travel records for up to 75 years for non-citizens.
• The new system compares biometric data collected at entry and exit to verify identity and track visa overstays.
• The rule aims to combat visa overstays and strengthen national security by verifying travel documents and ensuring the use of legitimate travel documentation, but raises privacy and discrimination concerns.
• U.S. citizens remain exempt, but LPRs and visa-holders have no opt-out.
• The rule applies to all non-citizens, including green card holders and foreign travelers.
• The new rules and new system were finalized after a public comment period that allowed for public feedback on the proposed changes.
• The social security administration is involved in data sharing with DHS to enhance verification and tracking.
• Ohio residents traveling internationally should prepare for implementation at Cleveland and Columbus airports by 2026.
• Full implementation of the system is a key step in modernizing border security.
• Refusal or system errors could cause travel delays or entry denial — always verify your I-94 record post-travel.
• Legal remedies include DHS TRIP redress and Privacy Act requests.
• Consult experienced immigration counsel, such as Herman Legal Group, before extended travel abroad.
• Expect global harmonization of biometric border systems in the coming years.

Author

Richard T. Herman, Esq.
Immigration Attorney | Founder, Herman Legal Group
Serving immigrants nationwide in 10+ languages for 30+ years.