FACIAL RECOGNITION OPT-OUT AT U.S. ENTRY
Some travelers can choose alternative identity processing instead of CBP facial comparison, but the opt-out rules are not identical for everyone. U.S. citizens and certain travelers who are exempt from biometric requirements may request traditional document inspection. In-scope foreign nationals may be required to provide biometrics at entry.
Current CBP Simplified Arrival materials state that U.S. citizens may opt out of the facial biometric process at entry and instead undergo traditional inspection using the travel document.
Opting out of facial comparison does not mean opting out of identity verification or CBP inspection.
CBP privacy materials identify categories of travelers who may be exempt from the ordinary biometric requirement, including certain children, travelers over a specified age, diplomats, certain Canadian travelers and other exempt nonimmigrants.
Federal law and CBP policy require biometric collection from specified foreign nationals. A traveler who is legally required to provide biometrics should not assume that the U.S.-citizen opt-out rule applies.
The safest formulation is not “everyone can opt out.” The answer depends on whether the traveler is within a legally exempt category.
CBP states that an eligible traveler can notify the CBP officer before the photograph is taken. The officer can then use traditional document-based processing consistent with existing inspection requirements.
Choosing an available non-biometric processing option does not prevent CBP from examining the passport, asking admissibility questions, referring the traveler to secondary inspection or otherwise completing the normal border inspection.
Facial comparison can also appear at airline check-in, security or boarding. Some of those programs have separate consent or opt-out procedures. A voluntary airline biometric process should not be confused with the legal biometric requirements that apply to certain foreign nationals at U.S. entry.
CBP states that U.S. citizens can opt out of facial biometric processing and request traditional identity and document inspection.
No. Some foreign travelers are legally required to provide biometrics, while exempt categories may use alternative processing.
No. The traveler remains subject to identity verification and the ordinary CBP inspection process.
The answer depends on citizenship, immigration category and the specific CBP biometric process rather than a universal opt-out rule.