In a sweeping expansion of biometric surveillance, the U.S. Department of Homeland Security (DHS) has finalized a rule requiring all non-citizens to be photographed when entering or departing the United States. The rule, published in the Federal Register on October 27, 2025, marks a significant shift in border enforcement policy.
The rule, issued by U.S. Customs and Border Protection (CBP), amends Title 8 of the Code of Federal Registrations to authorize the collection of biometric data including facial photographs from non-citizens entering or exiting the country through any mode of transport, including via land, commercial and private airports, seaports and pedestrian ports. All Canadians will need to be aware of this practice.
As this Regulation is expected to come into effect on December 26, 2025, Canadians planning to travel to the U.S. this winter will need to be prepared for the implementation of these heightened security measures.
Collection of biometric data
CBP cites national security concerns, including terrorism, visa overstays and document fraud, as the primary drivers of the new rule. The agency asserts that biometric verification will improve its ability to detect individuals who remain in the U.S. unlawfully or attempt to re-enter without authorization.
This concept is not entirely new, as the U.S. has been identifying non-citizens entering the country for nearly a decade by using biometric facial comparison technology to collect images that confirm whether the person’s face matches the image on the travel document they are presenting. Fingerprints are also captured where required – for example, in cases where facial recognition methods fail or where there is a need to undertake additional identification measures.
Now, technological advancements have allowed for a comprehensive system to be implemented, with facial comparison technology having been determined as the best method for biometric verification. This will allow the Department of Homeland Security to require all non-citizens of the U.S. to be photographed when entering or exiting the US, and to order further biometrics, such as fingerprints, when required. In doing so, the plan is to implement biometric entry-exit systems, integrated to compare the biometric data of individuals entering the U.S. to their biometric data when leaving the country.
Who is affected?
The rule applies to all non-U.S. citizens, including individuals with work statuses or green cards, as well as children under 14 and adults over 79, both of which were previously exempt. Photos taken of foreign travellers may be stored for up to 75 years.
Legal consequences of unlawful presence
The biometric entry-exit system is designed to help DHS identify individuals who accrue “unlawful presence” in the U.S. – a status that carries serious immigration consequences. Unlawful presence in the U.S. can lead to temporary or permanent bars from entry to the U.S., heightened screening on future entries and negative consequences on future immigration applications.
The rule removes previous limitations on pilot programs and allows CBP to expand biometric collection to all authorized ports of departure. Public comments on the collection process and cost-benefit analysis are invited through the Federal Register.
Implications for employers
Employers sponsoring foreign workers should be aware of the increased scrutiny and potential delays at ports of entry and when exiting the United States. Travellers, particularly those with complex travel histories or prior immigration concerns, should be aware of the risks associated with biometric tracking and unlawful presence.
This rule aligns with the growing trend of increased scrutiny Canadians are facing at U.S. ports of entry. Given increasing security protocols, Canadian travellers must be more prepared when entering the United States.
On October 29, 2025, MLT Aikins immigration lawyer Reis Pagtakhan spoke to the CBC about the new U.S. border rules, what travellers need to watch for and how to prepare. Listen to his interview.
Our immigration lawyers will continue monitoring the situation and will follow up with any details regarding increased security for Canadian travellers entering the US. If you have any questions about this increased security protocol or any other immigration-related issues, contact the MLT Aikins immigration team.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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