FACIAL RECOGNITION OPT-OUT AT U.S. ENTRY
Can You Opt Out of CBP Facial Recognition at the Airport?
U.S. citizens may request alternative document-based processing instead of CBP facial comparison at entry. For aliens, the rule changed effective December 26, 2025: DHS may require a facial photograph at entry or departure regardless of age, nationality or a former biometric-exemption category. Exemptions that remain in 8 C.F.R. §235.1(f) apply to certain non-photograph biometrics, not to the facial-photograph requirement.
The Rule Depends On
- U.S. citizenship
- Whether the traveler is a U.S. citizen or an alien
- Whether CBP is collecting a facial photograph or another biometric
- Whether a non-photograph biometric exemption applies
- Whether the encounter is entry, departure or another travel process
U.S. Citizens Can Request Alternative Processing
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.
Old Exemptions No Longer Control Facial Photographs for Aliens
DHS changed the facial-photograph rule effective December 26, 2025. Under the 2025 final rule, all aliens may be required to be photographed when entering or departing the United States regardless of age, nationality or the former exemption categories. The existing exemptions remain relevant to certain biometrics other than photographs.
Aliens May Be Required to Provide a Facial Photograph
Current 8 C.F.R. §235.1(f) permits DHS to require an alien seeking admission to be photographed for identity verification or other lawful purposes. The age, nationality and specified visa-category exemptions in §235.1(f)(1)(vi) apply to other biometrics under §235.1(f)(1)(iii), not to the facial-photograph provision.
After December 26, 2025, the safer distinction is between facial photographs and other biometrics: U.S. citizens may request alternative processing for CBP facial comparison, while aliens may be required to provide a facial photograph. Separate exemptions may still apply to certain other biometrics.
How a U.S. Citizen Requests Alternative Processing
CBP materials state that a U.S. citizen who does not wish to use facial comparison may notify the CBP officer and request traditional document-based identity processing. This does not eliminate identity verification or the normal inspection process.
Manual Processing Can Still Include Questions and Document Review
For a U.S. citizen using alternative document-based processing, CBP may still examine the travel document, ask inspection or customs questions, refer the traveler for additional inspection and otherwise complete the normal border process.
Do Not Confuse CBP Entry Rules With Voluntary Airline or TSA Programs
Facial comparison can also appear at airline check-in, security, boarding or other travel processes. Those procedures can have different consent or opt-out rules. A carrier’s voluntary facial-comparison program should not be confused with CBP’s authority to require photographs from aliens at U.S. entry or departure.
Frequently Asked Questions
Can a U.S. citizen refuse CBP facial recognition at entry?
CBP states that U.S. citizens can opt out of facial biometric processing and request traditional identity and document inspection.
Can every foreign visitor opt out?
No. Effective December 26, 2025, DHS regulations permit CBP to require facial photographs from all aliens entering or departing the United States. Older age, nationality and visa-category exemptions remain relevant only to certain non-photograph biometrics.
Does opting out mean CBP cannot inspect me?
No. The traveler remains subject to identity verification and the ordinary CBP inspection process.
Determine Which Biometric Rule Applies
For facial photographs, the key distinction is U.S. citizenship versus alien status under the current rule. For other biometrics, separate exemptions in 8 C.F.R. §235.1(f) may still matter.