USCIS Eyes DNA from Kids in Immigration Biometrics Overhaul
Published Date: 11/2/2025
Proposed Rule
Summary
The U.S. Citizenship and Immigration Services (USCIS) wants to update how they collect and use biometrics—like fingerprints and DNA—from anyone applying for immigration benefits, no matter their age. They’re also expanding when and how they collect this info, including after arrests, and setting new rules for special cases like VAWA and T visa applicants. If you want to share your thoughts, you’ve got until January 2, 2026, to speak up!
Analyzed Economic Effects
8 provisions identified: 2 benefits, 6 costs, 0 mixed.
Biometrics Required From Anyone Linked To USCIS
USCIS proposes that any person who files, is named in, or is associated with an immigration benefit request or related information submission must provide biometrics unless DHS exempts them. This requirement would apply to U.S. citizens, U.S. nationals, lawful permanent residents, beneficiaries, petitioners, derivatives, supporters, and applicants, and would apply regardless of the person’s age.
Expanded Arrest/Removal Biometrics Collection
DHS proposes authority to collect biometrics from aliens upon arrest and in multiple removal processes, including section 240 removal proceedings, expedited removal under section 235, reinstatement under section 241, and removal under the Visa Waiver Program. The proposal would also remove age-based exemptions for biometrics in some issuance of Notices to Appear and removal processing.
DHS May Require or Accept DNA Evidence
USCIS proposes explicit authority to require, request, or accept raw DNA samples or DNA test results (including partial DNA profiles) as evidence to prove or disprove genetic relationships or biological sex for immigration eligibility. DHS would store and use DNA test results as part of the record for adjudication and would not handle, store, or share raw DNA beyond the original submission purpose except as required by law.
Broader Definition: New Biometric Modalities Added
USCIS proposes to define "biometrics" broadly to include facial imagery, fingerprints and palm prints, handwritten signature, ocular imagery (iris/retina/sclera), voice prints, and DNA (including partial DNA profiles). The rule would replace older references to fingerprints, photographs, and signatures with the single term "biometrics."
Continuous Vetting: Ongoing Biometrics After Approval
The proposal would allow DHS to require aliens present in the United States after an approved immigration benefit to submit biometrics on an ongoing basis—without regard to new filings—until they become U.S. citizens. U.S. citizens, nationals, or lawful permanent residents who previously filed and whose prior approvals are relevant to current requests may also be required to submit biometrics if a prior case is reopened or relevant.
VAWA Self-Petitioners: Biometrics Replace Police Clearances
USCIS proposes that Violence Against Women Act (VAWA) self-petitioners must appear for biometric collection and DHS would remove the rule language that asked VAWA self-petitioners (who lived in the U.S. for the prior 3 years) to submit police clearances and an affidavit as primary evidence of good moral character. DHS would instead obtain criminal history using submitted biometrics.
Stricter Rescheduling: 'Extraordinary Circumstances' Rule
Under the proposal, an individual may reschedule a biometric services appointment one time for any reason. To reschedule again or to excuse a failure to appear, the individual must meet an "extraordinary circumstances" standard. USCIS will provide policy guidance with examples of what qualifies as extraordinary circumstances.
Biometric Reuse Must Be Positively Verified
USCIS proposes that when an individual previously submitted biometrics for another request, USCIS may reuse those biometrics only after obtaining a positive biometric-based identity verification. Using only names or non-unique biographic data will not qualify to justify reusing prior biometrics.
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Key Dates
Department and Agencies
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