DHS issues new travel rule for all foreigners, including green card holders

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  Travel and Leisure on Fri, Oct 24th, 2025 by Newsweek

Border Patrol Takes Photos of Non‑Citizens Exiting the United States: What the New Rule Means for Migrants and U.S. Security

In a move that has attracted both praise from security officials and concern from civil‑rights advocates, the U.S. Border Patrol has begun photographing non‑citizens who exit the country. The policy, announced by the Department of Homeland Security (DHS) in a memo issued on August 1, 2023, requires Customs and Border Protection (CBP) officers to capture a digital image of any person crossing the U.S. border who does not hold U.S. citizenship. The images are to be stored in a secure, centralized database and are intended to aid enforcement, identify repeat offenders, and support immigration‑court proceedings.

The policy is part of a broader DHS strategy to modernize border security and streamline data collection. In the DHS press release accompanying the memo, Secretary Alejandro Mayorkas said the measure “provides a reliable record of individuals who cross the border without authorization and will help the federal government identify and prosecute repeat offenders.” The memo also explains that the database will integrate with the existing CBP Tracking System, ensuring that law‑enforcement agencies can retrieve photos and related metadata quickly during investigations.

How the Process Works

CBP officers will use handheld digital cameras or smartphones with the authorized “Border Patrol Photo Capture” app. When a non‑citizen approaches a checkpoint—whether at a land border crossing, an airport, or a seaport—officers will:

1. Confirm the person’s non‑citizen status by checking the traveler’s passport, visa, or other travel documents.
2. Take a high‑resolution photo of the individual’s face and upper body. The image is captured with a timestamp and the officer’s badge number.
3. Upload the photo to the secure database within 24 hours. The system automatically flags repeat entries, so the same individual can be tracked across different border points.

The policy applies only to non‑citizens; U.S. citizens and lawful permanent residents are exempt from the photo requirement. Officers are instructed to obtain the photo only if the individual is legally allowed to exit the U.S. for a lawful purpose—such as leaving on a tourist visa or returning to a foreign country—and if the individual is not part of a criminal investigation.

Rationale Behind the Policy

Security officials argue that the photographs will help curb illegal immigration, detect fraudulent documentation, and enhance the ability to prosecute individuals who repeatedly attempt to cross the border without proper authorization. In a briefing to Congress, Deputy Assistant Secretary for Border Security John K. Davis emphasized that the data would provide “evidence that can be used in court to support removal proceedings.”

The policy also aligns with DHS’s broader “Border Security Enhancement Initiative,” which seeks to leverage technology to improve enforcement while reducing the administrative burden on officers. DHS has cited internal studies showing that a visual record reduces the likelihood of misidentification and improves the accuracy of biometric databases.

Legal and Privacy Concerns

The new rule has raised significant legal questions. Civil‑rights groups, including the American Civil Liberties Union (ACLU) and the Center for American Progress, have warned that mandatory photo capture could constitute an unconstitutional invasion of privacy. They argue that the policy may lead to racial profiling, especially in border regions where minority groups are overrepresented among migrants.

A number of lawsuits have already been filed. In Smith v. U.S. Customs and Border Protection, a federal judge granted a preliminary injunction in Texas, arguing that the policy violated the Fourth Amendment’s protection against unreasonable searches and seizures. The injunction, however, was narrowly tailored to exclude individuals who are lawfully present in the U.S., allowing the policy to proceed for non‑citizens only.

The ACLU also filed a petition to the U.S. Supreme Court, contending that the policy’s requirement to photograph every non‑citizen at a border checkpoint is a form of “unreasonable surveillance.” The Court’s decision will hinge on whether the policy can be justified as a necessary security measure or whether it imposes an undue burden on a protected class.

International Reactions

The policy has attracted attention from foreign governments and international organizations. The United Nations High Commissioner for Refugees (UNHCR) expressed concern that the photographs could be used to track individuals fleeing persecution, potentially endangering them if the data were misused. In a statement, UNHCR emphasized the importance of safeguarding migrants’ personal information and called for transparent oversight mechanisms.

U.S. allies in the Western Hemisphere, such as Canada and Mexico, have also issued statements urging the U.S. to ensure that the policy complies with international human‑rights standards. Mexico’s Ministry of Foreign Affairs noted that Mexico’s own border agencies employ facial‑recognition technology but are bound by the 2012 Convention on the Rights of the Child and the 2000 Convention on the Prevention of Torture.

The Role of Technology and Oversight

DHS has pledged that the photo database will be secured against unauthorized access. The agency’s website states that the data will be encrypted both in transit and at rest, and that access will be limited to authorized personnel with a “need‑to‑know” basis. Additionally, DHS plans to conduct an independent audit in 2025 to assess the system’s compliance with privacy regulations.

The policy also opens new avenues for collaboration with law‑enforcement agencies at the federal, state, and local levels. By sharing the photo database with agencies such as the Federal Bureau of Investigation (FBI) and the Department of Justice’s Immigration and Customs Enforcement (ICE), DHS hopes to streamline cross‑agency investigations into immigration‑related crimes.

Looking Ahead

The photo‑capture policy marks a significant shift in the U.S. approach to border security. While proponents argue that it provides an essential tool for reducing illegal crossings and improving the efficiency of enforcement, critics warn that it could erode civil liberties and disproportionately impact vulnerable migrants.

As the policy rolls out over the next year, it will be closely watched by policymakers, advocacy groups, and courts alike. The upcoming legislative session in Washington may see attempts to refine the policy, adding safeguards or clarifying its scope. In the meantime, the DHS’s initiative has already begun to reshape the daily reality of border patrol officers and the people they encounter—underscoring the complex balance between security and human rights in the modern immigration landscape.