The Department of Homeland Security (DHS) has published a draft rule in the Federal Register that would significantly expand the collection of biometric data across the immigration process.
The measure is expected to be controversial, as it would expand the scope of biometric data collection to include not only immigrants but also U.S. citizens and minors, and would allow for the collection of various forms of biometric data, including not only facial photographs and fingerprints but also DNA, voice, iris, and palm print patterns.
The proposed rule explicitly requires biometric data from all applicants for immigration benefits or their related individuals, regardless of age. Accordingly, this would apply not only to foreign nationals but also to U.S. citizens, such as sponsors and co-petitioners.
Under the new definition, biometric information includes fingerprints, facial and iris images, palmprint scans, voice, signature, and DNA. The Department of Homeland Security (DHS) described this as a necessary measure for identity verification, fraud prevention, combating child trafficking, and strengthening national security. However, the new rule has raised questions about privacy and proportionality, as it includes children under 14 and citizens as subjects of the collection.
Immigration advocacy groups pointed out that, if implemented, this rule would allow Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) to collect biometric information from children for the first time.
The draft also includes a “continuous identity monitoring” provision, requiring immigrants to periodically resubmit biometric information until they become citizens. DHS would also have the authority to request or accept DNA samples if necessary.
This measure could impose biometric information obligations not only on foreign nationals but also on business associates such as employers and signatories, leading immigration attorneys to worry about visa processing delays and increased administrative costs.
Experts analyzed that this regulation could be a signal for “the transition of the entire US immigration administration to a system of continuous surveillance.”
The regulation has not yet been finalized, and public comments will be accepted until January 2, 2026. A similar policy was already pursued during the first term of former President Donald Trump.
At the time, immigration advocacy groups and civic groups strongly opposed the measure, calling it a “measure to create a surveillance state.” After receiving widespread opposition, the Biden administration withdrew it.