A sweeping new federal rule expanding biometric screening at United States borders quietly took legal effect this week, and it could change how millions of international travelers move through airport lines in the busy holiday period and beyond.

Frequently described in headlines as a “DNA law,” the measure primarily centers on facial recognition and fingerprinting for non U.S. citizens at airports, but it also opens the door to DNA collection in limited cases, raising fresh questions about privacy, wait times and what travelers should expect when they land or depart.

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What the new “DNA” law actually does at U.S. airports

The rule in question is a Department of Homeland Security regulation titled “Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States,” which became legally effective on December 26, 2025.

It authorizes U.S. Customs and Border Protection officers to collect and match biometrics from virtually all foreign nationals at every air, land and sea port of entry, creating a more comprehensive entry exit tracking system.

In practice, CBP plans to rely primarily on facial recognition. Cameras positioned at inspection booths or boarding gates capture a live photo of the traveler, which is then compared against images in government databases, such as passport and visa records, to confirm identity and verify lawful status.

Fingerprints, already widely used in immigration processing, remain part of the toolkit and may be required in certain encounters.

The “DNA law” nickname stems from a more controversial element. The regulation grants DHS authority, in limited and higher risk circumstances, to collect DNA samples from non citizens, typically via cheek swabs, when officers believe they need additional verification or are dealing with complex immigration or criminal concerns.

Officials emphasize that routine holiday travelers are unlikely to face DNA collection, but the authority now clearly exists in regulation, which is why legal and civil liberties groups are watching closely.

For now, CBP describes the rule as a legal foundation rather than a flip of a switch to fully biometric borders overnight.

Many U.S. airports already use facial recognition for some arrivals and departures, and the new rule solidifies and expands that framework with a long-term vision of a nationwide biometric entry exit system.

Who is affected and who is exempt

The rule’s reach is broad. It applies to “aliens” in the language of immigration law, which in this context means virtually all non U.S. citizens entering or leaving the country.

That includes short term visitors, students, temporary workers, tourists, lawful permanent residents with green cards and many people in the immigration system with pending cases.

One of the most significant changes is the removal of age based exemptions. For years, children under 14 and adults over 79 were generally not required to provide photographs for biometric matching in the entry exit program.

Under the new rule, those exemptions are gone, and all non citizens regardless of age can be photographed and have their images stored and used for matching.

U.S. citizens are not the direct target of the regulation. CBP says that when Americans are photographed during automated boarding or arrival processes, those images are generally held for a short period and then deleted, with the system primarily focused on confirming the identity and status of foreign nationals.

However, civil liberties advocates note that in busy airport environments, U.S. citizens may still be swept into large scale image collection, even if for shorter durations.

There are also carve outs and uncertainties. Diplomats and certain special visa categories may be treated differently under existing international agreements.

Recent CBP clarifications indicate that the December 26 date is a legal milestone, not an automatic trigger for new requirements in every corner of aviation, particularly general and business aviation, which will see separate implementation guidance later.

What travelers will actually see in airport lines

For many holiday travelers, the most visible change will not be a lab technician with a swab, but more cameras and automated kiosks woven into the airport journey.

At international arrival halls, CBP inspection booths may be fitted with facial recognition cameras that snap a quick image as travelers step up to the counter.

On departure, boarding gates at some terminals already require passengers to briefly face a camera instead of presenting a paper boarding pass for certain international flights.

The technology is being integrated with airline and airport systems in phases. Major hubs like Atlanta, New York JFK and others have been piloting and expanding biometric boarding for years, focusing first on outbound international flights and select reentry lanes.

With the new rule in force, that patchwork is expected to grow, especially at large gateways that handle the bulk of overseas traffic.

Travelers should be prepared for more instructions from airline staff and CBP officers about “look at the camera” moments during their journey.

For many, the process takes only a few seconds, but it can add confusion if passengers are unfamiliar with the system or are traveling with children, elderly relatives or people who are uncomfortable with the technology.

At security checkpoints, the Transportation Security Administration is running its own biometric pilots, separate from CBP’s immigration role. TSA has deployed automated credential readers and voluntary facial recognition systems at dozens of checkpoints, with plans to expand as funding allows.

While these TSA systems are not directly created by the new DNA law, the combined effect for travelers is an increasingly biometric journey from curb to gate.

Could this slow down your holiday trip or make it faster?

The question for most passengers headed home for New Year celebrations is simple: will this make airport lines longer or shorter?

The answer, at least in the near term, is mixed. CBP and TSA argue that once fully deployed, biometrics can streamline many steps that traditionally require manual document inspection, potentially speeding both arrivals and departures.

In the early stages, however, any new technology can create bottlenecks. Travelers may hesitate at kiosks, ask questions, or need help with children or mobility devices.

Officers and agents must adjust to new workflows, and systems can experience glitches, particularly during peak holiday surges when every minute counts.

Government advisories and immigration law firms are already warning of possible delays at passport control and boarding gates as officers begin using broader biometric checks.

The holiday season of late December and early January is historically one of the busiest times of the year at U.S. airports, and even small slowdowns at inspection booths can ripple through terminals into longer waits at baggage claim and connections.

On the flip side, some frequent travelers enrolled in trusted traveler programs or airline biometric lanes may see efficiency gains. At a growing number of airports, preapproved passengers can move through special lanes where facial recognition replaces manual boarding pass scans, shaving minutes off the process.

For now, though, those benefits are unevenly distributed, and many travelers from abroad will still experience the more traditional queue.

Why the U.S. is expanding biometrics now

The new rule is the latest chapter in a decades long effort to create an automated entry exit system covering all foreign nationals.

Congress first ordered such a system in the late 1990s to track whether visa holders left the United States when they were supposed to, but implementation has been partial and fragmented, with different technologies trialed at land borders, airports and seaports.

Homeland security officials argue that robust biometrics are necessary to close loopholes exploited by identity fraud, document forgery and visa overstays.

Facial recognition, they say, offers a quick and contactless way to validate that the person carrying a passport is the legitimate holder, even if biographic details like name or date of birth can be faked.

The expanded rule also responds to political pressure to tighten border controls and crack down on irregular immigration. By documenting every entry and exit with biometric confirmation, CBP hopes to better quantify who is in the country lawfully, who has overstayed, and how to prioritize enforcement resources.

The authority to collect DNA in specific circumstances further reflects a broader federal trend of using genetic data to resolve identity disputes and link individuals to past records.

At the same time, technological advances have made it feasible to deploy large scale face matching systems in crowded environments like airports.

The cost of high resolution cameras, networked kiosks and powerful back end databases has fallen, and airlines and airports see value in using the same tools to streamline boarding, baggage drop and security.

Privacy, civil liberties and data retention concerns

Civil liberties groups, privacy advocates and some lawmakers say the new rule goes too far, too fast. Their concerns cluster around three main points: potential bias and inaccuracies in facial recognition, the scope of data retention and sharing, and the expansion of DNA collection at the border.

Multiple studies and official reports in recent years have found that many commercial and government facial recognition systems perform worse on darker skinned faces and on women, particularly when image quality is poor or lighting is inconsistent.

Critics worry that expanded biometric checks at airports could disproportionately trigger false matches or secondary inspections for Black and minority travelers, compounding existing disparities in security screening.

The rule also allows CBP to store biometric data from non citizens for extended periods, in some cases up to 75 years, and to share that information with other federal, state and even foreign law enforcement partners.

Privacy experts argue that such long retention turns a border control tool into a long term surveillance archive, especially when the data can be linked with travel histories, visa records and other personal information.

DNA collection is the most sensitive element. While DHS says it will be used sparingly, civil liberties organizations point to recent reports that border authorities have already collected DNA from U.S. citizens in some circumstances, with samples ending up in national criminal databases.

They argue that expanding formal DNA authority for non citizens at airports risks normalizing routine genetic surveillance and blurring the line between immigration checks and criminal investigations.

What international and U.S. travelers should do now

For non U.S. citizens planning a holiday or business trip involving an American airport, the first practical step is to anticipate biometric checks as part of the journey.

That means being ready to have your photo taken at CBP booths, boarding gates and possibly at security lanes, and following instructions from officers to keep lines moving.

Travelers should ensure their passports are valid, machine readable and in good condition, since the new systems often rely on matching live images to digital files embedded in travel documents.

Those with complex immigration histories, pending asylum cases or other legal matters may want to consult an attorney before travel to understand how expanded biometrics and data sharing could interact with their status.

U.S. citizens, while not the primary focus of the rule, should also be aware that their images may be captured in airport systems and stored briefly when they pass through biometric boarding gates or TSA lanes.

Some programs offer opt outs or alternative processing, though opting out can sometimes mean using slower manual lines.

Everyone, regardless of nationality, should budget extra time at the airport during the transition period. Arriving earlier for international flights, especially those routed through major hubs that are early adopters of biometric systems, can provide a buffer against delays linked to unfamiliar technology or crowded border control areas.

FAQ

Q1. Does the new “DNA” law mean every traveler will have their DNA taken at U.S. airports?
In most cases, no. The regulation allows the Department of Homeland Security to collect DNA from non U.S. citizens in limited, higher risk situations, but routine holiday or business travelers should primarily expect facial photographs and, in some cases, fingerprints. DNA swabs are not anticipated as a standard step for every passenger.

Q2. Are U.S. citizens subject to these new biometric requirements?
U.S. citizens are not the main target of the rule. Their images may be captured by cameras at boarding gates or inspection areas, but CBP says photos of Americans used for matching are typically stored only briefly before deletion. The long term biometric records and expanded data retention primarily involve non citizens.

Q3. Will children and elderly travelers now be photographed and scanned?
Yes. The new rule removes longstanding age exemptions, so children under 14 and adults over 79, if they are not U.S. citizens, can be required to provide photographs and other biometrics when entering or leaving the country.

Q4. How long will my biometric data be stored?
For non U.S. citizens, the rule allows storage of certain biometric records, including facial images, for many years and in some categories up to several decades. U.S. citizen images used solely to verify identity at the border are generally kept for a much shorter period before deletion.

Q5. Can I refuse to have my face scanned or give biometrics?
For non citizens, refusal to comply with lawful biometric collection at the border can have serious consequences, including denial of entry or delays in immigration processing. Some programs for U.S. citizens, particularly TSA pilots, offer alternatives on request, but these may involve longer manual processing.

Q6. Will this make airport lines longer or shorter during holidays?
In the short term, travelers may see longer lines as officers, airlines and passengers adjust to expanded biometric checks, especially at peak times like the late December and early January holidays. Over time, officials hope the technology will speed many steps by automating document checks, but that benefit will depend on smooth implementation.

Q7. Is this the same as TSA PreCheck or Global Entry?
No. TSA PreCheck and Global Entry are trusted traveler programs that require separate applications, fees and background checks. They do involve biometrics, such as fingerprints, but are voluntary and designed to provide expedited screening. The new rule is a baseline requirement for non citizens at borders, regardless of program membership.

Q8. Are private companies like airlines or security firms storing my biometric data?
Airlines and airport partners may capture images at boarding gates or kiosks, but they typically transmit those images to government systems for matching rather than building their own long term databases. Exact practices vary by airport and airline, and are governed by contracts and federal privacy rules.

Q9. Does this apply to land borders and seaports too, or just airports?
The rule covers all ports of entry, including airports, land crossings and seaports. However, the pace and form of implementation can differ. Airports are often first to adopt large scale facial recognition because infrastructure and passenger flows are more centralized than at land crossings.

Q10. What should I do before my next trip to the United States?
Ensure your passport and any required visas or travel authorizations are valid, arrive early at the airport, be prepared for facial photographs and possible fingerprinting at border control and follow signage and officer instructions. Travelers with complex immigration situations may wish to seek legal advice in advance to understand how broader biometrics and data sharing could affect them.