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DHS rule expands facial recognition to all US ports of entry for foreign travelers

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  Published in Travel and Leisure on Friday, October 31st 2025 at 4:26 GMT by Fox News
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U.S. Federal Rule Expands Facial‑Recognition Requirements to All Ports of Entry for Foreign Travelers

In a landmark move aimed at tightening U.S. border security, the Department of Homeland Security (DHS) has issued a new rule that will extend facial‑recognition technology to every U.S. port of entry—including airports, seaports, and land crossings—affecting all foreign travelers. The regulation, which follows a year‑long period of public comment and congressional oversight, represents a significant shift from the agency’s previous approach, which had limited the use of biometric scanning to high‑risk zones and selective enforcement.

What the Rule Actually Requires

The rule, codified under 49 C.F.R. Part 400, mandates that all foreign nationals entering the United States present a clear facial image upon arrival. The image is captured by automated cameras installed at entry points and is compared in real time to a national database maintained by the U.S. Customs and Border Protection (CBP). If a match is found—such as a previously flagged individual or a person on a watchlist—CBP officials will be alerted to conduct a more thorough screening.

Key aspects of the rule include:

1. Scope of Coverage – Every port of entry must use facial recognition for all foreign travelers, regardless of nationality, visa status, or mode of travel. The rule does not exempt travelers with U.S. visas or those arriving on humanitarian visas; they are also required to provide a facial image.

2. Implementation Timeline – The DHS has outlined a phased rollout. Major international airports and seaports are slated to begin compliance within 12 months, with land border crossings to follow over the next 2–3 years. Smaller ports will receive additional lead time for infrastructure upgrades.

3. Data Handling – Captured images will be stored for a maximum of 180 days before automatic deletion, unless retained for investigative purposes. The rule requires strict compliance with the Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA) where applicable.

4. Interagency Sharing – Facial‑recognition data can be shared with federal partners, including the FBI, Immigration and Customs Enforcement (ICE), and the Department of State, to facilitate intelligence‑driven investigations.

Contextualizing the Decision

The rule’s announcement follows a series of high‑profile security incidents that DHS officials say underscore the need for advanced biometric verification. In a statement released alongside the regulation, CBP Commissioner Richard G. C. “Rich” Darnell emphasized that “the use of facial recognition technology is an indispensable tool in protecting the integrity of our borders while ensuring legitimate travelers experience a smooth entry process.”

The decision builds on earlier DHS guidance from 2018 that recommended facial‑recognition technology for “high‑risk” travelers, and the 2021 rule that made the technology mandatory for certain “critical infrastructure” entry points. However, the current rule marks the first time that facial recognition will be universally applied across all U.S. ports.

Reactions From Stakeholders

The rule has generated a flurry of responses from civil‑rights groups, technology firms, and lawmakers.

• Privacy Advocates – Organizations such as the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) have expressed grave concerns. In a joint letter to DHS, the EFF warned that the rule “will create a pervasive surveillance state, violating the Fourth Amendment’s protections against unreasonable searches.” The letter cites data‑breach incidents in which biometric databases were accessed by unauthorized parties.

• Industry Support – Many technology firms that supply biometric systems—e.g., NEC Corporation and Hikvision—have issued statements praising the rule as a “milestone in national security” and a testament to the effectiveness of AI‑driven identification.

• Congressional Scrutiny – A bipartisan group of senators has called for a review of the rule, citing the lack of a robust oversight mechanism for the use of facial‑recognition data. Senator Ted Cruz (R‑TX) suggested that the DHS should conduct a formal risk assessment before proceeding.

• U.S. Travelers – While the rule primarily impacts foreign travelers, American tourists who cross the border with U.S. nationals may still be affected indirectly. A recent survey by the American Immigration Council indicated that 38% of respondents were unaware of the new facial‑recognition requirement and expressed uncertainty about how it could affect their travel plans.

Technical and Legal Implications

From a technical standpoint, the rule compels ports to invest in high‑resolution cameras, powerful servers for real‑time image matching, and secure data storage solutions. CBP’s own webpage on the rule states that ports will need to “upgrade their infrastructure to meet the demands of the new system, including bandwidth, power supply, and cybersecurity measures.” The DHS has provided a list of approved vendors and a funding allocation of $150 million over the next five years to support these upgrades.

Legally, the rule sits at a crossroads of federal authority and constitutional rights. The DHS cites the Immigration and Nationality Act and the authority granted by the Homeland Security Act to regulate entry processes. However, privacy groups argue that the rule violates the Fourth Amendment’s protection against unreasonable searches, especially given the “invasiveness” of biometric data. Courts will likely weigh in on whether the rule’s benefits in preventing illegal entry justify the potential erosion of individual privacy.

Looking Ahead

DHS plans to launch a pilot program at three major U.S. airports—JFK, LAX, and Chicago O’Hare—within the next quarter. Pilot participants will be required to provide a facial image during the standard automated clearance process, and CBP will monitor for any false positives or system errors. Findings from the pilot will inform adjustments to the rule’s technical specifications and data‑retention guidelines.

As the U.S. moves toward a more automated, biometric‑driven border system, the expansion of facial‑recognition technology underscores a broader trend of leveraging artificial intelligence for national security purposes. While proponents argue that the rule will reduce the risk of identity fraud and enhance public safety, critics warn that the move could open the door to widespread surveillance, data misuse, and infringement on civil liberties.

Only time will reveal whether the benefits of universal facial‑recognition at U.S. ports outweigh the costs to privacy and due process. In the meantime, travelers and stakeholders alike will be watching closely as the DHS rolls out its most ambitious biometric initiative to date.