New DHS Biometric Proposal

The U.S. Department of Homeland Security (DHS) has released a proposed rule that would significantly expand how biometric data is collected and used in the immigration system. If finalized as written, the measure would allow the government to require biometric data from any individual connected to an immigration benefit request, without age limits, and would authorize its use for continuous identity verification over time. The proposal covers new types of data facial and ocular images, fingerprints and palm prints, handwritten signatures, voice prints, and even DNA.

According to DHS, the goal is to modernize identity verification, reduce fraud, and move toward a “person-centric” model less dependent on potentially inconsistent biographical data such as names or dates of birth. The text specifies that any applicant, petitioner, beneficiary, dependent, or associated individual may be required to submit biometrics including, in certain circumstances, U.S. citizens or lawful permanent residents (for example, U.S. sponsors in family petitions). It removes all age-based exceptions and allows the collection of data from minors when connected to immigration filings or enforcement actions.

The rule also authorizes ongoing use and re-collection of biometrics for continuous vetting, meaning the government could update background checks or run biometric matches periodically. Collected data, including DNA results, could be shared with other federal or law-enforcement agencies when “necessary” to administer or enforce immigration laws.

The proposal coincides with other federal efforts, such as the final rule issued by U.S. Customs and Border Protection on October 27, 2025, requiring all non-U.S. citizens to be photographed upon entry and exit, regardless of age. Together, these initiatives point to an expanding use of biometric surveillance across both border and domestic immigration processes.

Civil-rights and technology advocates have raised concerns about privacy, proportionality, and data security, noting that the rule’s definition of “biometric data” explicitly includes DNA and introduces continuous monitoringprovisions. DHS argues that the reforms are essential to combat human trafficking, identity fraud, and security threats, while improving decision accuracy.

Understanding the “Public Comment Period”
This proposed rule is not yet final. Under the Administrative Procedure Act (APA), federal agencies must allow a period for public comment before adopting major regulations. During this window, any person or organization including individuals, attorneys, advocacy groups, or businesses may submit feedback directly through the federal portal Regulations.gov.

Comments can support, oppose, or suggest revisions to specific sections of the rule. Effective submissions usually include:

Clear references to sections or language in the proposal;

Data, research, or case examples; and

Reasoned explanations of how and why changes should be made.

Each comment becomes part of the official record, and agencies are legally required to review and address substantive feedback before issuing a final rule.

For this DHS proposal:

Deadline: January 2, 2026 (11:59 p.m. ET)

Docket: DHS Docket No. USCIS-2025-0205 on Regulations.gov

Language: Comments must be in English or include an English translation.

After the comment period closes, DHS will analyze submissions, potentially revise the text, and later publish a final rule, typically effective at least 60 days after notice to Congress.

What to Watch Next
Scope and definition: The proposed rule’s broad definition of “biometric data” including DNA and elimination of age limits are the primary areas of debate.

Affected individuals: Certain U.S. citizens and permanent residents linked to immigration filings could also be required to provide biometrics.

Continuous vetting: DHS could request new biometrics even after a benefit is granted, extending surveillance over time.

Integration with border controls: The initiative complements recent CBP measures mandating biometric verification for all travelers, suggesting a move toward full standardization.