December 10, 2025 Federal Register Notice
What’s Being Proposed
U.S. Customs and Border Protection announced sweeping changes to how foreign travelers are screened before entering or leaving the country. This is currently a proposal, not yet law, open for public comment until February 9, 2026.
The changes would modernize identity verification for non-U.S. travelers by expanding biometric and digital data collection tied to the Form I-94 (Arrival/Departure Record) and ESTA (Electronic System for Travel Authorization) used by Visa Waiver Program countries.
Key Proposed Changes
Expanded Data Collection
- Social media accounts: All platforms used in the past five years (currently voluntary, would become mandatory)
- Contact history: Email addresses and phone numbers going back ten years
- Family information: Detailed data on parents, spouses, siblings, and children (names, dates/places of birth, addresses, phone numbers)
- Technical data: IP addresses used during application
- Additional biometrics: In some cases, fingerprints, DNA, or iris scans
New Technology Requirements
- Mandatory selfie submission: All ESTA applicants must upload a live selfie for facial recognition matching
- Mobile-only ESTA: The government may retire the ESTA website to reduce fraud and block fake third-party portals
- Self-reported exit app: Voluntary feature in CBP One app allowing travelers to confirm departure by submitting passport data, selfie, and geolocation
Program Updates
- Visa Waiver Program country eligibility could change (Romania was recently removed)
| Requirement | Current Policy | Proposed Policy |
|---|---|---|
| Social Media Disclosure | Voluntary | Mandatory – 5 years of accounts |
| Contact History | Limited | 10 years of emails/phone numbers |
| Family Information | Basic | Extensive (names, DOB, addresses, phones) |
| Selfie Submission | Not required | Mandatory for all ESTA applicants |
| ESTA Application | Website available | Mobile app only |
Who’s Affected
Foreign nationals only, specifically those entering under ESTA or with visas requiring an I-94. This includes travelers from Visa Waiver countries like the U.K., France, Germany, Japan, and South Korea.
U.S. citizens have no new biometric or data-sharing requirements beyond standard passport procedures.
| Traveler Type | New Requirements Apply? | What Changes |
|---|---|---|
| Foreign nationals (ESTA) | YES | All proposed changes |
| Foreign nationals (visa required) | YES | Enhanced data collection |
| U.S. Citizens | NO | No changes beyond standard passport |
| Permanent Residents | PARTIAL | Some enhanced screening possible |
Why It Matters
Stated Goals
CBP aims to combat fraud, terrorism, and illegal overstays by creating a more comprehensive digital profile of foreign visitors. This follows Executive Order 14161 (January 2025), which directed agencies to enhance vetting to prevent national security threats.
Privacy and Civil Liberty Concerns
Immigration law experts and civil liberties advocates characterize this as a “paradigm shift” in border screening, moving from checking discrete facts (like criminal records) to evaluating applicants’ broader online discourse and digital footprint.
Specific concerns include:
- Viewpoint-based decisions: Denying entry over political content, associations, or posts deemed “derogatory”
- Chilling effect on speech: Travelers may self-censor online if they fear posts or likes could be interpreted negatively
- Processing delays: Reviewing extensive social media history could significantly lengthen visa processing times
- Scope and scale: This represents one of the most sweeping expansions of data collection on international visitors in U.S. history
- Existing search authority: CBP can search electronic devices at the border without a warrant under the “border search” exception to the Fourth Amendment
Current Border Search Authority
Worth noting: CBP already has extensive powers at the border. Officers can:
- Search phones and laptops without a warrant
- Review social media, photos, and even deleted data
- Deny entry to non-citizens who refuse to unlock devices or cooperate
- Retain collected data for years
CBP searches tens of thousands of electronic devices annually out of hundreds of millions of border crossings.
| Data Type | How Far Back | Currently Required? |
|---|---|---|
| Social Media Accounts | 5 years | No (voluntary) |
| Email Addresses | 10 years | No |
| Phone Numbers | 10 years | No |
| IP Addresses | Current application | No |
| Biometric Data | Point of application | Some (photo) |
Timeline & Action Items
Helps readers understand what happens when:
| Date | Event | What You Can Do |
|---|---|---|
| Dec 10, 2025 | Proposal announced | Review proposed changes |
| Now – Feb 9, 2026 | Public comment period | Submit feedback to CBP |
| After Feb 9, 2026 | CBP reviews comments | Monitor for final rule |
| TBD | Potential implementation | Adjust travel planning |
How to Respond
Public comments can be submitted until February 9, 2026 by emailing:
Reference: OMB Control No. 1651-0111
All responses become part of the public record.
The Bottom Line
If approved, this proposal would mark the most extensive data-collection expansion in U.S. travel screening since post-9/11 reforms. It kicks off a crucial debate about balancing digital-age border security with personal privacy and free expression rights.
The changes would standardize deep social media review for a large class of short-term tourists and business travelers, fundamentally changing how the U.S. vets foreign visitors in an increasingly digital world.
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