DHS Issues Rule to Expand Biometric Data Collection at Ports of Entry

The Center for Immigration Studies submitted a public comment today to support the Department of Homeland Security’s final rule titled Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States. Here, DHS amended its regulations to allow the U.S. Customs and Border Protection (CBP) to implement an integrated, automatic entry and exit data system to match records, including biographic data and biometrics, of aliens entering and departing the United States.

This rule advances the legal framework for DHS collection and use of biometrics from aliens through a comprehensive biometric entry-exit system by removing regulatory references to pilot programs and limits on which ports of entry CBP can conduct biometric data collection. The rule will also allow CBP to use facial comparison technology to identify aliens entering or exiting the United States by providing that all aliens may be required to be photographed. 

In our comment, CIS commended DHS for aligning its regulations with statutory requirements. CIS also supported the use of facial comparison technology for the purpose of fulfilling Congress’s mandate to collect biometric data from all aliens entering or departing the country; recommended that CBP continue to collect fingerprints; and recommended that DHS maintain language that removed age restrictions from photograph requirements to better detect and deter child-trafficking across U.S. borders. 

The rule was first proposed on November 18, 2020, during the first Trump administration. The Biden administration reopened the comment period for this rule on February 10, 2021. Here, DHS has issued the rule as a final rule but has continued to accept comments from the public. The regulatory change is set to go into effect on December 26, 2025.