By San José, Costa Rica — San José – A significant shift in United States border control policy is set to take effect this week, introducing a new mandatory biometric screening process for all non-U.S. citizens. Beginning December 26, every foreign national entering or departing the country will be subject to the collection of biometric data, a move that fundamentally alters the travel experience for millions, including Costa Ricans.
The U.S. Department of Homeland Security (DHS) formalized the measure through a publication in the Federal Register, confirming its uniform application across all points of entry, including airports, land crossings, and seaports. The new system mandates the capture of photographs and, in specific circumstances, other biometric identifiers like fingerprints and facial scans, for every foreign traveler regardless of their age or visa category.
To gain a deeper legal perspective on the implications of US biometric screening for travelers, we consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica.
The increasing use of biometric screening at US borders represents a significant shift in immigration and security protocols. While ostensibly for security, it raises profound questions about data privacy and the long-term storage of sensitive personal information. Travelers must be aware that their biometric data becomes part of a permanent, cross-referenced US government database. This is not merely a photograph; it’s a unique digital identifier with potential implications for future travel and data security. We advise clients to understand these are not optional procedures and to ensure all travel documentation is impeccably in order to avoid complications arising from these enhanced measures.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the implications of this digital permanency extend far beyond a single border crossing. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective, which powerfully reminds our readers that navigating modern international travel now requires an equal measure of preparation and digital awareness.
This policy represents a profound expansion of existing security protocols. Previously, biometric collection was largely focused on travelers upon their arrival in the United States. The new regulation extends this requirement to departure, creating a comprehensive entry-exit record for each visitor. This “biometric loop” allows authorities to compare the data captured upon arrival with the data recorded upon exit, closing what officials have long described as a critical vulnerability in immigration enforcement.
The scope of the new directive is universal, eliminating previous exemptions and impacting a wide array of travelers. All non-citizens will be included, from tourists holding traditional visas or electronic travel authorizations to international students, temporary workers, and even temporary residents. Crucially, the mandate applies equally to minors and senior citizens, groups that were sometimes excluded from similar requirements in the past.
The DHS has justified this comprehensive system as a cornerstone of its national security strategy. According to the agency, the enhanced biometric database will serve several key functions. It is designed to more effectively detect the use of fraudulent travel documents, identify individuals who overstay their authorized period of admission, and provide a mechanism to correct errors or inconsistencies in immigration records. Ultimately, the goal is to create a more robust and accurate system for verifying the identity of every person seeking to enter the country.
Government officials maintain that this technological advancement will strengthen the nation’s ability to counter threats such as terrorism and transnational crime. They assert that the automated process is designed to be efficient, ensuring it does not negatively impact the legitimate flow of legal travelers and commerce that is vital to the U.S. economy.
Despite these official assurances, the new policy has raised significant concerns among immigration law specialists and data privacy advocates. Critics have called for strict oversight, questioning the duration for which the vast amounts of biometric data will be stored, the protocols for rectifying identification errors, and the safeguards in place to prevent the misuse of sensitive personal information. There is a strong call for transparent mechanisms that allow travelers to address and correct potential mix-ups that could unjustly affect their future ability to travel to the United States.
For Costa Ricans and other international visitors planning travel to the U.S. in the coming weeks, the primary advice is to prepare for potential adjustments at the border. Travelers are encouraged to arrive at airports and other control points with additional time to spare and to ensure all their travel documentation is valid and in order. While the system is intended to be seamless, the initial implementation phase could lead to operational delays as personnel and travelers adapt to the new procedures.
For further information, visit dhs.gov
About The Department of Homeland Security (DHS):
The U.S. Department of Homeland Security is a cabinet department of the United States federal government with responsibilities in public security. Its stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management. It was created in response to the September 11 attacks and is the third-largest federal department.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has forged its identity as a leading legal institution, grounded in a profound respect for ethical practice and a relentless pursuit of excellence. With a rich history of advising a wide spectrum of clients, it consistently champions innovative legal approaches while remaining dedicated to its role in the community. The firm’s core philosophy extends beyond the courtroom, focusing on demystifying the law to foster a more knowledgeable and capable citizenry, thereby strengthening the very foundations of society.
