The US Department of Homeland Security (DHS) has proposed a rule to collect biometric data — including DNA — from all immigration applicants. The plan, posted on the Federal Register, expands current rules that only cover certain cases such as asylum, citizenship, and green cards.
DHS gains more power to collect data
The proposal allows DHS to gather facial and iris scans, fingerprints, voice samples, and handwritten signatures. It also gives DHS the right to collect DNA to confirm biological relationships or verify “evidence of biological sex when relevant for certain immigration benefit requests.”
The draft rule says, “any individual filing or associated with an immigration-related benefit request or other request adjudicated by DHS, regardless of age, must appear for biometrics submission unless exempted.”
DHS can also take biometrics from detained noncitizens, even outside the application process.
DNA becomes key part of checks
The proposal would make DNA testing a regular part of immigration checks. DHS wants clear rules on how it will use, store, and share genetic data for identification and law enforcement.
Currently, DNA collection happens in two situations:
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Family ties: Applicants give DNA proof when papers are not enough. Tests must be done in a USCIS-approved lab and paid for by the applicant.
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Border checks: Since 2019, Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) have collected DNA from detainees under the FBI’s Combined DNA Index System (CODIS), allowed by the DNA Fingerprint Act of 2005.
If approved, the new rule will make DNA testing a normal part of all immigration procedures.
DHS says it will improve security
DHS said the rule will help stop fraud and strengthen national security.
“Using biometrics for identity verification and management will assist DHS’s efforts to combat trafficking, confirm the results of biographical criminal history checks, and deter fraud,” the agency said.
Officials believe the plan will make background checks stronger and identity verification more accurate.
Critics warn of privacy risks
Experts have raised privacy and legal concerns. The proposal reverses the Obama-era stance that rejected large-scale DNA collection from immigration detainees.
Critics say the rule could face lawsuits over privacy rights, data protection, and government overreach. They believe the case could reach the US Supreme Court, as it questions how far the government can go in using genetic data.