For years, many travelers have assumed that leaving the United States is a routine, immigration-free process. That assumption is no longer valid — and foreign nationals departing the U.S. should be aware of significant changes now in effect.
A Long Time Coming: The History of Exit Controls
Congress first mandated an entry-exit tracking system for noncitizens back in 1996. After September 11, 2001, those requirements were expanded to include the collection of biometrics. U.S. Customs and Border Protection (CBP) was tasked with building this system, and while entry biometrics have been collected from travelers for over 20 years, exit controls lagged behind due to budget constraints and operational challenges.
That is changing rapidly.
The New Rule and What It Covers
A final rule that took effect on December 26, 2025 significantly broadened CBP’s authority to collect biometrics from departing travelers. Under the rule:
- DHS may now require all non-U.S. citizens to be photographed upon entering or exiting the United States.
- DHS may also require non-exempt individuals to provide additional biometric data.
- Previous age-based exemptions — covering children under 14 and adults over 79 — have been removed.
- Collection of biometrics is no longer limited to select pilot ports; it can now take place at airports, seaports, land border crossings, and any other authorized point of departure.
U.S. citizens are not required to participate but may voluntarily opt in.
How the Process Works
CBP’s biometric exit system uses facial comparison technology to verify traveler identity. The process is quick and contactless:
- A live facial image is captured at the departure gate or inspection point.
- The image is matched against the traveler’s existing DHS photo gallery, which may include passport and visa photos.
- The departure is verified and DHS records are updated.
The process typically takes only seconds.
CBP states that biometric images are used solely for identity verification and security purposes, and that data is stored and handled in accordance with DHS privacy impact assessments (PIAs) and system of records notices (SORNs).
This Is Still a CBP Inspection
Here is the critical point that travelers often overlook: although the biometric exit process may appear to be a simple camera scan at the gate, it is legally a CBP inspection. If any derogatory information surfaces during that inspection — an unresolved warrant, an outstanding order of removal, or other flags — CBP must address and resolve the issue before the traveler is permitted to board.
In some cases, CBP may use the departure as an opportunity to make inadmissibility determinations, cancel visas, or annotate passports based on information in their system.
What Foreign Nationals Should Do
If you are a foreign national departing the United States, we strongly advise the following:
- Carry supporting documents. If you have had past legal issues — such as an arrest that was resolved, a prior removal order that was addressed, or any other matter that could raise a red flag — carry documentation showing how those issues were resolved.
- Do not assume departure is routine. CBP now has expanded tools and authority to act on derogatory information at the point of departure.
- Consult an immigration attorney if you have concerns. If there is any chance that your immigration history could create complications at departure, it is worth speaking with an attorney before you travel.
The biometric exit program will continue to expand across airports, seaports, and land border crossings. Being informed and prepared is the best protection.
This post is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact Ayoub & Associates, P.C. at (713) 952-5088 or visit ayoublaw.com.