Overview
- Public comments on CBP’s finalized rule close Nov. 26, with implementation set for Dec. 26 to require facial capture of all non‑citizens at air, land and sea ports, including private aircraft, vehicles and pedestrian crossings.
- Lawful permanent residents are included in mandatory collection, prior exemptions such as most Canadian visitors and diplomats are eliminated, and U.S. citizens may opt out with images discarded after identity verification.
- CBP says photos of U.S. citizens are deleted within 12 hours, while non‑citizen images are enrolled in DHS’s biometric systems with retention reported up to 75 years and data sharing available to other agencies in defined cases.
- A separate DHS proposal published Nov. 3 would broaden what counts as biometrics in immigration adjudications at USCIS, potentially including DNA, and remains under development.
- An AP investigation detailed a nationwide Border Patrol license‑plate reader network and predictive flagging that can prompt local traffic stops, spurring inquiries from Sen. Ed Markey and other lawmakers who cite Fourth Amendment concerns; CBP defends the tools as security measures governed by policy and law.