December 26, 2025: The Day CBP Starts Photographing Every Non-Citizen

By State of Surveillance Published: 2025-12-15

What Changes in 11 Days

Starting December 26, 2025, U.S. Customs and Border Protection will photograph every non-citizen entering or leaving the country [1]. This includes:

  • Green card holders (permanent residents)
  • Visa holders of all types
  • Children under 14 (previously exempt)
  • Adults over 79 (previously exempt)
  • Canadians (historically exempt)

Refuse to be photographed? CBP can deny you entry, boarding, or departure verification.

What's New

CBP has been running facial recognition pilots since 2017. This rule makes it comprehensive and mandatory.

Before December 26

  • Children under 14 exempt
  • Adults over 79 exempt
  • Canadians often exempt
  • Limited port locations
  • Pilots required approval

After December 26

  • All ages photographed
  • No nationality exemptions
  • All ports of entry
  • Unlimited expansion
  • Refusal = denied travel

Who's Affected

Photographed (Mandatory)

  • Green card holders: Even if you've lived here 40 years, you're photographed every time you travel
  • Work visa holders: H-1B, L-1, all employment categories
  • Student visa holders: F-1, J-1, M-1 visas
  • Tourist visa holders: B-1/B-2 visas
  • Visa Waiver Program travelers: ESTA visitors from 40 countries
  • Canadians: Previously had special exemptions, no longer
  • Children: All ages now included
  • Elderly: No upper age exemption

Can Opt Out (US Citizens Only)

  • U.S. citizens can request manual document verification instead of facial scan
  • The opt-out process may cause delays
  • TSA PreCheck and Global Entry increasingly push biometrics

How It Works

1

Entry: Arriving in the US

At passport control, CBP cameras photograph you. The photo is compared against your passport photo and visa records.

2

Exit: Leaving the US

At departure gates or checkpoints, CBP photographs you again. This tracks that you've left before your visa expires.

3

Database Storage

Your photo goes to the DHS central biometric database. Non-citizens' photos can be stored for up to 75 years.

4

Ongoing Access

ICE, CBP, and other DHS agencies can query the database. Your face becomes searchable indefinitely.

Data Retention: The 75-Year Problem

Here's where it gets concerning [2]:

  • U.S. citizens: Photos deleted within 12 hours
  • Non-citizens: Photos stored up to 75 years

If you enter the US on a tourist visa at age 25, your biometric record exists until you're 100. If you get a green card and live here 50 years, every entry and exit is logged forever.

This isn't just border security. It's a permanent biometric record of everyone who isn't a citizen.

What They're Really Building

CBP says this is about:

  • Detecting fraudulent documents
  • Finding visa overstays
  • Strengthening national security

What they're actually building:

  • A comprehensive facial recognition database of 400+ million annual border crossings
  • Exit tracking to identify anyone who overstays their visa
  • Integration with ICE's surveillance infrastructure
  • A system that can expand to domestic use

Mission Creep Is Guaranteed

Jeramie Scott of the Electronic Privacy Information Center warns about "mission creep" [3]. Here's what that looks like:

Stage 1 (Now): Photograph non-citizens at borders for "security"

Stage 2 (Coming): Share database with state and local law enforcement

Stage 3 (Inevitable): Use for domestic identification, not just border entry

We've seen this before. ICE already uses facial recognition for deportation operations. CBP's biometric database will feed that system.

The Trump administration has explicitly pushed to "connect datasets across the government." This database is designed to be shared.

The Clearview AI Connection

Here's the part CBP doesn't advertise. Clearview AI scraped 30 billion photos from the internet. Government agencies, including ICE, use Clearview to search faces against that database.

CBP's biometric collection feeds DHS databases. DHS shares data across agencies. Agencies use tools like Clearview. Your border photo becomes searchable against billions of other images.

The facial recognition ecosystem doesn't stay in silos. It's designed to connect.

Implementation Timeline

CBP is rolling this out in phases [4]:

  • December 26, 2025: Rule takes effect
  • 2026-2027: Major airports implement entry/exit photography
  • 2027-2028: Seaports added
  • 2028-2030: Land borders (US-Mexico, US-Canada)
  • 3-5 years: Full nationwide implementation

The rule removes limits on pilot programs and port locations, allowing unlimited expansion.

What Happens If You Refuse

Non-citizens who refuse to be photographed face consequences:

  • Entry: CBP can deny admission to the United States
  • Departure: May be denied boarding or departure verification
  • Future travel: Refusal may be noted in your record

For U.S. citizens, opt-out is theoretically possible but increasingly impractical as systems integrate.

Global Entry, TSA PreCheck, and Biometric Creep

If you have Global Entry or TSA PreCheck, you've already provided fingerprints. Now the programs are pushing facial recognition:

  • PreCheck Touchless ID: Uses face instead of ID
  • Global Entry: Facial recognition at kiosks
  • CLEAR: Private biometric service integrating with airports

The "convenience" programs normalize biometric collection. Opt-in becomes expected. Expected becomes required.

Who Benefits From This Data

CBP

Track visa overstays, verify documents, build comprehensive travel database

ICE

Query database for deportation targeting, facial recognition matching

FBI

Access for criminal investigations, integration with NGI database

State/Local Police

Future access through information sharing agreements

What You Can Do

If You're a Non-Citizen

  • Understand your rights: You have limited options but should know the process
  • Document interactions: Note any issues for potential legal challenges
  • Know your visa status: Ensure compliance to minimize additional scrutiny
  • Consult immigration counsel: If you have concerns about your status

If You're a US Citizen

  • You can opt out: Request manual verification instead of facial scan
  • Expect delays: Opting out may take longer
  • Contact representatives: Demand oversight of biometric programs
  • Support privacy legislation: No federal facial recognition law exists

Everyone

  • Support legal challenges: EPIC, ACLU, EFF are fighting biometric expansion
  • Demand transparency: FOIA requests reveal program scope
  • Push for limits: Data retention, access restrictions, deletion rights

The Two-Tier System

After December 26, America officially has two classes of travelers:

U.S. Citizens:

  • Can opt out of facial recognition
  • Photos deleted within 12 hours
  • Constitutional protections apply

Everyone Else:

  • Cannot refuse photography
  • Photos stored up to 75 years
  • Data shared across agencies
  • Refusal means denied travel

400 million border crossings per year, photographed and databased. Every tourist, every student, every worker, every green card holder who has lived here for decades.

That's not border security. That's building the world's largest facial recognition database of foreigners.

December 26 is 11 days away.

Related Articles

References

  1. Boundless - U.S. to Photograph All Foreign Travelers Entering and Leaving the Country
  2. Nextgov - CBP expands facial recognition for non-citizens at borders
  3. Engadget - CBP will photograph non-citizens entering and exiting the US
  4. Biometric Update - DHS expands biometric entry-exit
  5. HSToday - DHS Final Rule Expands CBP's Facial Biometric Program