Proposed New Immigration Rule Seeks Expanded Biometric Data Collection, Including Voice and DNA, Across All Age Groups

The U.S. Department of Homeland Security (DHS) has unveiled a sweeping new proposed rule that would dramatically expand its authority to collect and use biometrics within the immigration system. Published in the Federal Register on Monday, November 3, 2025, the proposal seeks to establish a comprehensive biometric identity management system across U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

DHS asserts that the expansion is necessary to enhance identity verification, improve fraud detection, and strengthen national security efforts by enabling continuous tracking of individuals throughout their immigration lifecycle. A key aspect of the proposal is the significant expansion of both the types of data collected and the categories of individuals from whom it is required.

The rule proposes removing the current age restriction, thereby allowing DHS to collect biometric data from children under the age of 14 for the first time. Additionally, the authority to collect biometrics would be broadened to explicitly include U.S. citizens, U.S. nationals, and lawful permanent residents when they are associated with an immigration benefit request, other request, or collection of information.

The types of biometrics collected would also expand beyond traditional fingerprints and photographs to include modern identifiers such as voice prints, DNA (including partial DNA profiles), palm prints, iris scans, retina scans, sclera scans, facial imagery (for recognition and comparison), and signatures.

DHS estimates that the proposed rule would result in the annual collection of an additional 1.12 million biometric submissions, increasing the total number of biometric submissions from the current baseline of 2.07 million to 3.19 million.

The rule would require biometrics from any applicant, petitioner, sponsor, supporter, derivative, dependent, beneficiary, or individual filing or associated with a benefit request, other request, or collection of information, unless DHS exempts a specific individual or category. This includes U.S. citizens and lawful permanent residents filing family-based petitions (to comply with the Adam Walsh Child Protection and Safety Act and the International Marriage Broker Regulation Act), Violence Against Women Act (VAWA) self-petitioners, T nonimmigrant adjustment of status applicants, and individuals involved with EB-5 regional centers, new commercial enterprises, or job-creating entities.

It would also authorize DHS to collect biometrics from noncitizens upon arrest, encounter, or during removal proceedings (including expedited removal, reinstatement of prior removal orders, and Visa Waiver Program removals), without age restrictions.

Additional proposed changes include defining “biometrics” as measurable biological (anatomical, physiological, or molecular structure) or behavioral characteristics; authorizing DHS to require, request, or accept raw DNA or DNA test results to prove or disprove genetic relationships or biological sex; establishing an “extraordinary circumstances” standard for rescheduling biometrics appointments (allowing one reschedule for any reason, with subsequent requests requiring justification); and enabling biometric reuse upon positive verification.

For VAWA self-petitioners and T nonimmigrant adjustment applicants, the rule would eliminate the requirement for police clearance letters and affidavits to demonstrate good moral character—relying instead on biometric-based checks—remove the presumption of good moral character for those under 14, and allow consideration of conduct beyond the standard three-year period if relevant.

DHS estimates annual public costs of $231.5 million (including biometric service fees and opportunity costs), plus $57.1 million for DNA submissions, bringing total costs to $288.7 million when including minor government expenses ($55,040 for FBI fingerprint checks prior to Notices to Appear). Over a 10-year period (FY 2026–2035), discounted costs are projected at $2.5 billion (3% rate) or $2.0 billion (7% rate). Expected benefits include reduced evidentiary burdens for VAWA and T applicants, improved fraud detection, enhanced identity management, and stronger protections against child trafficking and smuggling through DNA verification of family relationships.