What’s Happening
The U.S. Department of Homeland Security (DHS) recently published a proposed rule that would significantly broaden the types of biometrics collected by DHS and expand the categories of individuals required to provide them. The rule is currently open for a 60-day public comment period, until January 2, 2026.
What You Need to Know
Expansion of Individuals Subject to Biometrics
DHS’s proposed rule seeks to broadly expand its current biometrics collection policies. Under the proposed framework, foreign nationals who receive immigration benefits would be required to provide biometrics on a recurring basis and would be subject to continuous background vetting throughout their period of stay in the United States, extending until naturalization.
The rule would also broaden biometrics requirements to include individuals “associated with” an immigration filing. This may include petitioners, authorized signatories, sponsors, supporters, beneficiaries, and others with a meaningful role in the submission or preparation of an application. The proposed rule does not distinguish based on citizenship; U.S. citizens and permanent residents connected to a filing may also be required to submit biometrics.
The rule also eliminates existing age-based exemptions. Currently, children under 14 are exempt from biometrics collection. Under the proposed rule, biometrics could be required from individuals of any age.
New Categories of Biometrics
The proposed rule would significantly broaden the types of biometrics the government may collect. In addition to fingerprints, photographs, and signatures, DHS may require palm prints, voice prints, DNA, and ocular imagery such as iris and retina scans.
The rule also authorizes the use of raw DNA and DNA test results to confirm biological relationships or biological sex when relevant to immigration eligibility. DHS would be permitted to request, accept, store, and share DNA test results as authorized by law. This marks a major shift from current policy, which prohibits DHS from requiring DNA to establish family relationships or biological sex.
In parallel, the rule expands the purposes for which biometrics may be used. USCIS would be permitted to use biometrics for identity verification and enrollment, secure document production, fraud detection, national security screening, and the broader administration and enforcement of immigration laws. These uses go beyond the traditional criminal history and security background checks performed under current regulations.
Procedural Changes: Rescheduling and Reuse of Biometrics
The proposed rule also introduces changes to the procedural rules surrounding biometrics appointments. Under the new framework, applicants would need to demonstrate “extraordinary circumstances” to reschedule an interview or a second or subsequent biometrics appointment - a far stricter standard than the current “good cause” requirement. The regulation does not offer guidance on what qualifies as extraordinary circumstances.
Additionally, USCIS would limit the reuse of previously submitted biometrics. Reuse would be permitted only when USCIS can determine through a biometric match that the applicant is the same individual whose biometrics were collected for an earlier filing.
The government would also have express authority to collect biometrics from foreign nationals upon arrest, regardless of age, for processing and initiation of removal proceedings.
What to Expect Next
Public comments on the proposed rule will be accepted for 60 days from publication, until January 2, 2026. DHS will then review the submissions and prepare a final rule, a process that typically takes several months and may result in revisions. Given the broad scope of the proposed biometrics expansion and the privacy implications arising from continuous vetting, expanded biometrics types, and DNA collection, significant public engagement and potential litigation is expected.
D&S is continuing to monitor this developing situation and will provide updates as they become available.