A newly announced rule by U.S. Customs and Border Protection (CBP) requiring all noncitizens to be photographed upon exiting the United States has been called a “major shift for immigrant rights” by a leading civil rights attorney. The new biometric exit system, set to begin on December 26, 2025, extends biometric surveillance to departures, covering a wide range of individuals, including visa holders, green card holders, temporary workers, and children.
While proponents argue the expansion will enhance security and provide stronger controls on visa overstays, critics are raising alarm bells about significant privacy concerns and the risk of profiling.
Kate Lincoln-Goldfinch, a recognized immigration civil rights attorney, emphasized the need for safeguards. “The government cannot treat every noncitizen the same without scrutiny of individual facts and context,” she stated.
Ms. Lincoln-Goldfinch insists that the new rule must come with clear notice, constitutional safeguards, and minimal disruption to lawful travel. She argues that collecting biometric data at both arrival and departure points signals a “new paradigm of enforcement surveillance that demands active legal oversight.”
She is specifically calling for transparency on how the collected data will be managed. “Families must know what will happen with their data, how long it will be stored, and how to clear misunderstandings,” she added.
Immigration and civil rights organizations are currently assessing the rule’s impact on travel, residence, and status renewal, particularly for long-term residents and frequent travelers.
Legal service providers are advising clients to verify exit travel documentation, maintain proof of lawful status, and consult legal counsel if asked to submit biometric updates or if they face questions upon departure.
This new policy introduces a fundamental change to border enforcement, placing greater scrutiny on the departure of noncitizens from the U.S.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
