United States | DHS issues proposed rule to amend biometrics use and collection by USCIS

The Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) to amend U.S. Citizenship and Immigration Services regulations governing the use and collection of biometrics in the administration and enforcement of immigration laws and benefit requests.

Key Points:

• DHS proposes in this rule that “any applicant, petitioner, sponsor, supporter, derivative, dependent, beneficiary or individual filing or associated with a benefit request or other request or collection of information, including U.S. citizens, U.S. nationals and lawful permanent residents, and without regard to age, must submit biometrics unless DHS otherwise exempts the requirement.”
• In the NPRM, DHS also proposes a definition of the term “biometrics” and a list of modalities of biometric collection, including facial imagery, fingerprints and palm prints, handwritten signature, ocular imagery, voice recognition and/or DNA.
• Additional proposals in the NPRM include:
  • Clarifying the purposes for which biometrics are collected, stored and utilized and when they can be reused, including for enhanced and continuous vetting.
  • Specifying that DHS may require raw DNA as evidence of a genetic relationship or as evidence of biological sex when relevant to an individual’s statutory eligibility for an immigration-related benefit.
  • Using biometrics for Violence Against Women Act self-petitioners and T nonimmigrant status applicants for assessing good moral character.
  • Establishing an “extraordinary circumstances” standard to govern an individual’s request to reschedule a biometric services appointment in certain circumstances, or when an individual fails to appear for appointment.
• Public comments on the proposed rule must be submitted on or before Jan. 2, 2026, through the Federal eRulemaking Portal.
  • DHS will be required to consider the comments the agency receives in formulating a final regulation, and any changes will not take effect until a final rule is issued.

This alert has been provided by the BAL U.S. Practice Group.

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