
The Department of Homeland Security (DHS) has proposed a rule that would significantly expand its authority to collect and store biometric data—including fingerprints, DNA, facial and iris scans—from people applying for immigration benefits and potentially from U.S. citizens involved in those applications.
In a notice published to the Federal Register, DHS said it seeks to "amend its regulations governing biometrics use and collection" by broadening authorities in cases of "alien arrest" and by codifying and expanding DNA testing and long-term data storage. The proposed rule would allow DHS to gather biometrics from "U.S. citizens, U.S. nationals and lawful permanent residents," regardless of age, unless exempted.
The rule would make biometric submissions mandatory for many categories where they are currently required only in limited circumstances. DHS said the expansion is necessary to verify identity, deter fraud, and support immigration-law enforcement.
Biometrics could also be used to confirm eligibility, including "to prove or disprove an individual's biological sex in instances where that determination will impact benefit eligibility," according to the posting.
Immigrants who have been approved for benefits could be required to continue submitting biometrics until they obtain U.S. citizenship. U.S. citizens or permanent residents who file benefit requests on behalf of others would also be subject to the requirements, and family-based visa petitions could trigger data collection. The rule would also end the "presumption of good moral character" for benefit applicants 14 or younger, instead requiring biometrics and potentially additional evidence.
DHS said the policy reflects an "expanded scope of populations" relevant to Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Justice Department's immigration courts.
The proposal comes alongside broader surveillance initiatives. Last month, DHS finalized a separate rule authorizing CBP to photograph and track nearly all non-U.S. citizens entering or leaving the country. Those images can be retained for up to 75 years.
The system feeds into the Traveler Verification Service, which uses facial recognition against passport and visa databases. Although U.S. citizens may opt out, CBP has acknowledged that cameras do not distinguish citizenship status in real time.
ICE is also seeking to expand online surveillance. Documents reviewed by Wired in early October show the agency plans to hire private contractors to monitor public posts across major social platforms and compile intelligence for arrests and deportations. Contractors would operate continuously from two ICE centers, using approved government systems and commercial databases such as LexisNexis and Thomson Reuters CLEAR.
Sen. Ed Markey and other Senate Democrats pressed DHS on Monday for details on its use of mobile facial-recognition tools, reiterating that the increased use of biometric technology "creates serious privacy and civil liberties risks."
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