DHS WILL COLLECT BIOMETRIC DATA FROM FOREIGN NATIONALS TRAVELING TO/FROM THE U.S.

November 7, 2025

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On October 27, 2025, the U.S. Department of Homeland Security issued a final rule requiring noncitizens to be photographed and provide other biometrics when entering and exiting the United States.  This rulemaking expands the authority of U.S. Customs and Border Protection to collect biometric data from all foreign nationals entering and exiting the United States via airports, land borders, and seaports.  While the final rule empowers DHS to biometrically record the entry and departure of noncitizens, U.S. citizens are not directly impacted unless they voluntarily decide to participate in biometric verification.  Those U.S. citizens who do not wish to have their photograph taken must be provided an alternative inspection process.  Comments on this final rule must be submitted on or before November 26, 2025, because DHS confirmed that new biometric data collection requirements will become effective on December 26, 2025.

This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact  Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Samantha Walter at 412.566.1920 or swalter@eckertseamans.com, Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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