For years, travelers viewed departure from the United States as a routine process with minimal interaction with U.S. immigration authorities. That assumption is becoming outdated as U.S. Customs and Border Protection (CBP) expands its biometric exit program, making departure from the United States an increasingly important immigration inspection point.

Background

Congress first mandated the creation of an entry-exit tracking system in 1996 to record the arrivals and departures of foreign nationals. Following the Sept. 11, 2001, terrorist attacks and the creation of the Department of Homeland Security (DHS), Congress expanded the program to require biometric collection to strengthen national security and improve immigration enforcement.

While biometric entry screening has been fully implemented for more than two decades, deployment of biometric exit controls lagged due to funding and operational challenges. Over the years, CBP tested various technologies at selected airports and ports of entry before gradually expanding the program.

A regulatory change became effective on Dec. 26, 2025. Under the final DHS rule, CBP may require all foreign nationals to be photographed when entering or departing the United States and may collect additional biometrics from individuals who are not otherwise exempt. The rule also removes prior regulatory limitations that confined biometric collection to pilot programs or specific ports, allowing DHS to collect biometrics at airports, land border crossings, seaports, and other authorized departure locations.

Today, CBP has deployed biometric exit technology at a substantial percentage of international departure gates, and expansion continues nationwide.

How the Biometric Exit Process Works

CBP’s biometric exit system relies primarily on facial recognition technology. In most cases, the process takes only a few seconds and involves:

• Capturing a live facial image at the departure gate or inspection point;
• Comparing that image to photographs already on file with DHS, such as passport or visa photos;
• Confirming the traveler’s identity; and
• Recording the departure in DHS systems.

Unlike traditional fingerprint collection, the process is generally contactless and requires minimal interaction from the traveler.

Who May Be Subject to Biometric Exit

Under current regulations, all non-U.S. citizens, including temporary visa holders, visitors, and lawful permanent residents, may be required to provide facial biometrics upon departure. Previous age-based exemptions have largely been eliminated. U.S. citizens are generally not required to participate but may voluntarily use facial comparison technology where available.

Why This Matters

Departure from the United States may no longer be viewed as an immigration-free event.

Although the facial recognition process often appears seamless, it constitutes a CBP inspection. If the system identifies a potential issue or ”hit,” CBP officers may stop the traveler for further review before permitting boarding.

Depending on the circumstances, CBP may use the departure inspection to:

• Investigate outstanding warrants or unresolved law enforcement matters;
• Review prior immigration violations;
• Confirm the validity of immigration records;
• Address outstanding removal orders or other derogatory information;
• Cancel visas if CBP determines the traveler is no longer eligible; or
• Make annotations that could affect future admissibility to the United States.

Practical Considerations

Foreign nationals should travel with documentation that may help address known issues that could arise during departure inspection, such as court dispositions for resolved criminal matters, documentation confirming compliance with prior immigration proceedings, or other records addressing potential CBP concerns.

Employers and immigration counsel may wish to recognize that CBP’s expanded exit controls increase the government’s ability to verify departures and identify immigration violations. Maintaining accurate travel records and seeking timely legal advice are becoming important for foreign national employees who travel internationally.

As CBP continues to expand biometric exit processing across airports, seaports, and land border crossings, travelers should expect departure from the United States to involve greater immigration scrutiny than in prior years.