DHS Proposes Expansion of Biometrics Collection and Use by USCIS

By: Vandana Marth

On October 31, 2025, the Department of Homeland Security (DHS) released a proposed regulation to amend the rules governing biometrics use and collection. The proposed rule significantly expands what biometrics can be collected and how they can be used. The notice of proposed rulemaking was published on November 3, 2025 and will remain open for public feedback for 60 days, which is until January 2, 2026. The proposed rule will not take effect until it is finalized, which may take several months.

The proposed rule seeks to:

• Add palm prints, facial and voice recognition, iris/retina images, and certain partial DNA information, and expands permitted uses to identity management, secure document production, background checks, and law-enforcement uses as allowed by law;
• Subject foreign nationals to periodic biometric collections and continuous vetting after they enter the U.S. and throughout their stay in the U.S. until they naturalize to U.S. citizenship;
• Expand biometrics collection to any individual immigration filing (including by U.S. citizens) or associated with an immigration filing (i.e., petitioners, petitioner’s signatories sponsors, supporters, and beneficiaries);
• Require, request, or accept raw DNA and/or DNA results to verify genetic relationships or individual’s biological sex;
• Eliminate age limits on the collection of biometrics to include children under 14 years of age;
• Reduce the cases where DHS could reuse previously captured biometrics and limit the reuse to cases where DHS had previously captured biometric-based verification of the individual;
• Issue policy guidance providing examples of “extraordinary circumstances” that meet the standard for rescheduling a biometric services appointment after the first reschedule.
• Authorize biometrics collection, without regard to age, upon arrest of a foreign national for purposes of processing, care, custody, and initiation of removal proceedings.

Foreign nationals with pending or approved immigration benefits (nonimmigrant and immigrant), individuals connected with EB-5 regional centers/new commercial enterprises, and sponsoring employers and their authorized signatories for certain employment-based filings could also be subject to biometrics collection.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.