No More Refusing Face Scans at All U.S. Borders Starting December 26

Non-Citizens Must Submit to Face Scans

If you’re not an American citizen and you’re flying into or out of the United States after December 26, 2025, a camera will photograph your face at the border.

There’s no form to fill out and no extra fee, but there’s also no way to say no.

The Department of Homeland Security just finalized a rule that makes facial recognition mandatory for virtually every foreign traveler at every port of entry.

Americans can still opt out, at least for now, but the process isn’t as simple as it sounds, and most people don’t even know the option exists.

DHS Rule Takes Effect December 26

The Department of Homeland Security has issued its final rule mandating facial recognition scans for virtually all non-U.S. citizens entering or leaving the U.S.

The rule takes effect December 26, 2025, and authorizes Customs and Border Protection to collect facial biometrics from all noncitizens at airports, land ports, seaports, and other authorized departure points.

This cements the legal foundation for a biometric entry-exit system that Congress first ordered after the September 11 attacks.

Multiple administrations tried and failed to implement it. Now it’s finally happening.

Americans Can Refuse But Most Dont Know

U.S. citizens are not subject to mandatory facial recognition under the new rule and may continue to opt out by requesting manual inspection.

But here’s the problem: over half of travelers interviewed for one study reported they did not see notifications explaining their right to opt out, and 74 percent said they weren’t warned about the technology’s use at all.

Over 20 percent felt uncomfortable verbally opting out for fear it would cause them a delay. The signs exist, but they’re easy to miss.

Non-Citizen Photos Kept for 75 Years

Photos of U.S. citizens taken for identity verification are deleted within 12 hours. Non-citizens get a very different deal.

Their photos may be retained for up to 75 years, consistent with the Border Crossing Information System.

The images are transferred to the DHS central biometric database. That means a tourist visiting New York today could have their face stored in a federal system until 2100.

Privacy advocates have pushed back, but DHS says it has published more than ten privacy impact assessments covering the program.

Many People Will Lose Prior Exemptions

The regulation eliminates long-standing exemptions for children under 14, diplomats, and most Canadian travelers, bringing virtually every non-U.S.citizen into the biometric net.

This removes prior exemptions including diplomats and most Canadian visitors, and also removes limitations on pilot programs.

There are no age exemptions. Infants, children, and elderly travelers will all be photographed.

If you’re not American, you’re in the system.

TSA Already Scanning at 250 Airports

TSA introduced facial comparison technology into the screening process at select airports, and the CAT-2 units are currently deployed at nearly 250 airports nationwide.

TSA plans to bring these scanners to more than 400 U.S. airports in the years ahead. The expansion started as a pilot program but has quietly become standard at most major hubs.

TSA also partnered with identity verification company CLEAR to deploy biometric electronic gates, billed as an enhanced security measure ahead of the 2026 FIFA World Cup.

Government Claims 98 Percent Accuracy

CBP says the facial biometrics process only takes a few seconds and is more than 98 percent accurate.

The agency has processed over 807 million travelers using facial comparison technology and prevented more than 2,229 impostors from unlawfully entering the United States.

CBP data shows technical match rates remained high across regions, including 99.5 percent for African travelers and 99.3 percent for Asian travelers.

Critics question whether these numbers hold up under independent review.

Privacy Groups Warn of Mission Creep

Privacy advocates argue there is no guarantee that how TSA initially uses facial recognition will not change or expand beyond its current stated purpose.

There is a risk of mission creep for the system, especially given the lack of U.S. regulations for biometrics.

In 2019, DHS photos of travelers were stolen in a data breach through the network of one of its subcontractors. Once your face is in the system, you can’t change it like a password if something goes wrong.

Bipartisan Bill Blocked in Senate

Senators John Kennedy, Jeff Merkley, Roger Marshall, and Ed Markey introduced the Traveler Privacy Protection Act of 2025, which would protect Americans’ ability to opt out of TSA facial recognition screenings and prevent abuse of passenger data.

The bill would have made traditional human ID verification the default at security checkpoints and required that all facial scan data be deleted immediately after verification.

Airlines, airports, and travel groups warned lawmakers the bill would derail years of digital transformation and increase wait times, and the measure was blocked in committee.

Senator Jeff Merkley Wasn’t Given an Opt-Out

Independent investigations have documented cases in which travelers were discouraged or even obstructed from opting out of facial recognition scans.

Even Senator Jeff Merkley was misinformed by a TSA agent who claimed opting out would cause delays. In one Reddit post, a traveler said they were not allowed to opt out despite having a REAL ID and passport.

TSA’s official policy says there’s no penalty for refusing, but the experience on the ground doesn’t always match.

No Match Means Manual Check

If the system doesn’t recognize you, CBP will perform a manual identity check using your passport. You will not be penalized for a technical mismatch.

If the system fails to match a traveler, then a manual review of the traveler’s document is performed.

For non-citizens, refusal to submit to the required facial photo may lead to delays, secondary inspection, or inadmissibility determinations.

Americans who opt out simply get their ID checked the old-fashioned way, at least until Congress decides otherwise.

This article was created with AI assistance and human editing.

Read more from this brand:

• TSA Ends Free Passes for Travelers Without REAL ID—And the Fee Isn’t Cheap
• Dead phone battery? TSA might not let you fly – and a 2014 terror plot explains why
• The TSA’s new $18 fee is here, and millions of Americans aren’t ready