Full Breakdown
DHS Expands Biometric Data Collection for Non-Citizens and Immigration Applicants
11/4/2025, 10:30:56 PM
Overview of the New Rule
The U.S. Department of Homeland Security (DHS) has proposed a significant expansion of its biometric data collection practices, which will affect all non-citizens entering and leaving the United States. Starting December 26, 2025, U.S. Customs and Border Protection (CBP) will photograph all non-citizens at all entry points, including airports, seaports, and land ports. The new rule also mandates that some travelers provide additional biometric data, such as fingerprints, although exemptions will remain for children under 14 and individuals over 79 unless fraud is suspected.
Key Changes in Biometric Collection
The proposed rule aims to eliminate previous age exemptions, thereby allowing DHS to collect biometric data from children under 14 for the first time. Additionally, the rule broadens the scope of individuals from whom biometrics can be collected, including U.S. citizens and lawful permanent residents associated with immigration benefit requests. This expansion includes various types of biometric data, such as DNA, facial and iris scans, and voice prints, enhancing the agency's ability to verify identities and detect fraud.
Rationale Behind the Expansion
DHS argues that the expansion of biometric data collection is necessary for improving national security and identity verification processes. The agency aims to establish a comprehensive biometric identity management system across its various divisions, including U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). The proposed changes are expected to result in an additional 1.12 million biometric submissions annually, increasing the total to approximately 3.19 million.
Criticism and Concerns
Critics, including immigration advocates and civil liberties organizations, have expressed concerns that the expansion of biometric data collection could lead to a surveillance state that undermines basic American values. Jake Laperruque from the Center for Democracy and Technology highlighted the "boundless appetite" of DHS for more data, raising alarms about privacy and civil liberties risks associated with the increased use of facial recognition technology and other biometric measures.
Official Statements & Responses
DHS maintains that the new rules will enhance national security and reduce illegal crossings. The agency emphasizes that it will not treat individuals differently based on biological characteristics and that the collection of biometrics will be conducted in a manner consistent with existing laws. DHS is currently accepting public comments on the proposed rule until January 2, 2026.
Verbatim Quotes
- “DHS proposes to require submission of biometrics by any individual, regardless of age, filing or associated with an immigration benefit request, other request, or collection of information, unless exempted; expand biometrics collection authority upon alien arrest.” — DHS Notice
- “This rule expands biometrics from just fingerprints, signature, and photo to ocular, potentially voice prints, and even DNA,” — Morgan Bailey, Partner at Mayer Brown
- “We're seeing a sort of boundless appetite by DHS and by immigration enforcement for more and more data [and] for more and more biometric data from all kinds of sources,” — Jake Laperruque, Center for Democracy and Technology
What's Next
The proposed rule is currently open for public comment, and DHS will consider feedback before finalizing the regulations. If implemented, the changes will significantly alter the landscape of immigration enforcement and biometric data collection in the United States, raising ongoing discussions about privacy, security, and civil liberties.
