Travelers entering the United States could soon face expanded biometric screening and new digital reporting requirements as U.S. Customs and Border Protection, or CBP, seeks to overhaul how it verifies the identities and movements of millions of visitors.
In a new proposal published in the Federal Register, the Department of Homeland Security is asking the public to weigh in on a series of major changes to the Arrival/Departure Record (Form I-94) process and the Electronic System for Travel Authorization (ESTA), the program used by citizens of Visa Waiver Program countries to enter the United States.
The proposal affects nearly every foreign traveler entering the country ‒ and comes as border searches of personal devices have drawn increasing attention and concern from travelers.
“Nothing has changed on this front for those coming to the United States. This is not a final rule, it is simply the first step in starting a discussion to have new policy options to keep the American people safe,” CBP told USA TODAY in a statement. “This new proposal is in line with the January 2025 Executive Order 14161 to vet those who are coming into this country using the Electronic System for Travel Authorization (ESTA) by allowing CBP to collect additional information from non-U.S. citizens applying through the visa waiver program from eligible countries.”
CBP is proposing several updates, including new biometric requirements, increased data collection, and the elimination of the ESTA website in favor of a mobile-only system.
Among the proposed changes:
CBP says these changes are designed to reduce fraud, improve identity verification and close long-standing gaps in the tracking of foreign visitors who enter and exit the United States.
“The Department is constantly looking at how we vet those coming into the country, especially after the terrorist attack in Washington DC against our National Guard right before Thanksgiving,” the agency added in their statement.
The proposal underscores what many immigration attorneys and border experts have already warned: entering the United States increasingly involves scrutiny of your identity, your digital presence and your travel history.
Earlier this year, USA TODAY reported a series of incidents in which U.S. residents and visa holders were detained or deported after CBP officers reviewed the contents of their phones under heightened security measures. Those searches ‒ which can include photos, videos, deleted files and public social media posts ‒ are legal at the border without a warrant.
“Any traveler entering the U.S. is subject to CBP inspection,” CBP Assistant Commissioner Hilton Beckham said in May. While searches are “rare” and “highly regulated,” he said they have been used to identify “terrorism, smuggling, human trafficking and visa fraud.”
Immigration attorney Susanne Heubel told USA TODAY that most travelers still enter the United States without issue ‒ but that device searches and digital screening increasingly play a role when officers suspect someone’s activities don’t match their visa.
She added that the proposal for increased social media vetting is concerning, and the added scrutiny on someone’s public online activity – including political posts – could be used as a pretense for denying visas.
“For people who are careful with their social media, it should not be a problem, but we are already seeing delays in visa applications due to appointment rescheduling by the U.S. consular post and simply more vetting, which increase the adjudication time,” she said.
Homeland Security referred USA TODAY to the CBP statement.
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One of the most notable proposed requirements: ESTA applicants would need to disclose all social media accounts used in the past five years.
This follows the 2025 executive order mandating broader screening for potential national security threats.
“They’re checking whether the story you’re telling ‒ who you are and why you’re traveling ‒ aligns with your digital footprint,” Heubel previously said.
In March, Lebanese physician and Brown University faculty member Rasha Alawieh was detained at Boston Logan International Airport and deported after CBP found photos and videos on her phone related to Hezbollah.
No. The new proposal applies primarily to foreign nationals subject to I-94 documentation, visitors from Visa Waiver Program countries applying through ESTA, and travelers using CBP’s mobile app to self-report their departure.
U.S. citizens are not required to provide biometrics beyond standard passport requirements.
Immigration attorneys advise the following:
The public has until Feb. 9 to submit comments on the proposed changes.
Comments must reference OMB Control Number 1651-0111 and be sent to: CBP_PRA@cbp.dhs.gov
CBP says all comments will be recorded publicly as part of the rulemaking process.
This story was updated to add new information.
