From Friday, December 26th, the United States has implemented new immigration rules, requiring all non-U.S. citizens (including green card holders) to undergo mandatory facial recognition and other biometric data collection when entering or exiting the country. Green card holders will no longer be exempt from this requirement.
This is part of the Trump administration’s efforts to enhance national security and improve border management through precise tracking and recording of movements.
Under the new regulations, federal authorities are authorized to monitor international travel of non-U.S. citizens and conduct enhanced scrutiny on green card applicants and holders from 19 countries identified as posing security risks.
Mandatory Biometric Identification:
Regardless of the mode of transportation (airplane, land, sea, or on foot), all non-U.S. citizens (including green card holders) must undergo photo capture or fingerprint collection when entering or leaving the U.S. The new rules eliminate exemptions previously granted to children under 14 and adults over 79.
Exemptions Revoked:
Groups previously exempted, such as diplomats and Canadian visitors, are now required to comply with the new regulations.
Data Retention and Usage:
Biometric information of non-citizens will be stored in the Department of Homeland Security (DHS) system for long-term retention (up to 75 years) for identity verification, residency time assessment, and determination of eligibility for citizenship.
Green Card Implications:
Records of each entry and exit will impact whether a green card is automatically deemed abandoned and may affect future citizenship applications.
Different Treatment for U.S. Citizens:
U.S. citizens may voluntarily opt for biometric identification; those opting out may use manual channels, with their photos destroyed within 12 hours.
Due to previous issues with review and approval standards, the U.S. Citizenship and Immigration Services (USCIS) will conduct rigorous reviews of green cards issued to citizens of the 19 designated countries/regions.
The affected countries/regions include Afghanistan, Myanmar, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
The expansion of the U.S. biometric entry and exit system will continue over the next three to five years, starting at major airports and later extending to land and sea ports of entry.
The U.S. Customs and Border Protection (CBP) stated in the Federal Register, “Implementing a comprehensive biometric entry and exit system that matches biometric data collected when foreign nationals enter the country with data collected when they leave will help address national security concerns arising from terrorism threats, illegal use of legitimate travel documents, foreign nationals overstaying their legal time in the U.S., unauthorized or parolee overstays in the U.S., and issues with traveler information incompleteness or inaccuracies.”
The DHS and USCIS plan to release specific guidance on the green card review process and additional document requirements for individuals from designated countries/regions.
For green card holders, it is essential to ensure all documents are in order when entering or leaving the United States in order to quickly address any queries from customs officials.
Immigration lawyers also recommend green card holders to keep their records updated, stay informed about notifications from the DHS and USCIS, and consult with a lawyer when travelling or awaiting status determinations.
The new regulations may also lead to delays in processing current or future green card or visa applications.