TL;DR: On November 3, 2025, DHS proposed a rule massively expanding biometric collection. Key changes: DNA collection from immigrants, removing the under-14 age exemption for children, expanding beyond fingerprints to include eye scans, voice prints, and palm prints. The data goes to FBI's CODIS database and can be shared with all levels of law enforcement plus intelligence agencies. The rule could affect U.S. citizens sponsoring family members. Public comment closed January 2, 2026.
What changed (August 11, 2026): The proposed rule described below was finalized on October 1, 2025, effective December 1, 2025, well before this article was first published. The ACLU, EFF, and a coalition of immigrant-rights groups filed suit in the U.S. District Court for the Northern District of California in late October 2025 to block it. The litigation is the live thread as of this review.
What DHS Wants to Collect
The proposed rule expands "biometrics" far beyond fingerprints:[1]
- DNA: Genetic information stored in FBI's CODIS database
- Facial imagery: Photos for facial recognition matching
- Fingerprints: All 10 fingers (existing)
- Palm prints: Hand geometry data
- Iris and retina scans: Eye biometrics
- Voice prints: Audio recognition data
- Signatures: Handwriting analysis
The previous exemption for children under 14? Gone. DHS argues this "harmonizes" collection across all age groups.[2]
Who Gets Collected
The rule applies broadly:[3]
- Applicants: Anyone seeking immigration benefits
- Petitioners: People filing on behalf of others
- Sponsors: Family members sponsoring relatives
- Beneficiaries: Those receiving benefits
This means U.S. citizens could be required to provide DNA if they sponsor a parent, spouse, or child for immigration. Lawful permanent residents sponsoring family members would face the same requirement.
Where Your DNA Goes
Collected DNA enters FBI's Combined DNA Index System (CODIS), the same database used for criminal investigations.[4]
Data can be shared with:
- Federal law enforcement (FBI, DEA, ATF)
- State and local police
- Intelligence community
Once in CODIS, your genetic profile becomes searchable for any investigation. Immigration application becomes permanent surveillance.
DHS Justifications
The proposal claims DNA collection will:[1]
- Verify genetic relationships (fraud prevention)
- Confirm "biological sex when relevant"
- Enhance identity verification
- Aid anti-trafficking investigations
Critics note: DNA verification of relationships already exists through voluntary testing. This rule makes it mandatory and expands collection to everyone, not just those where fraud is suspected.
Privacy and Civil Liberties Concerns
The Institute for Justice and privacy advocates raised alarms:[5][6]
- Fourth Amendment: Mass DNA collection without individualized suspicion
- Scope creep: Data collected for immigration used for unrelated investigations
- Children's privacy: Lifelong genetic surveillance starting at birth
- Chilling effect: Citizens may avoid sponsoring family to protect their own genetic privacy
This Isn't the First Attempt
A nearly identical proposal was introduced in 2020. It was withdrawn in 2021 following public opposition.[7]
The current proposal returns with the same scope. DHS is betting the political environment has changed enough for passage.
What You Can Do
Understand Your Exposure
If you may sponsor a family member, understand that this rule could require your DNA. Plan accordingly.
Support Legal Challenges
Organizations like ACLU and Institute for Justice are preparing challenges. Support their work.
Contact Representatives
Congressional oversight is limited but exists. Demand hearings on biometric expansion.
Update (August 11, 2026)
The proposal this article was built around has moved. DHS finalized the rule on October 1, 2025, with an effective date of December 1, 2025, putting it into force before this piece was first drafted.[8][9] On October 22, 2025, the ACLU, EFF, and a coalition of immigrant-rights organizations filed suit in the U.S. District Court for the Northern District of California, alleging the rule exceeds DHS's statutory authority under the Immigration and Nationality Act, violates the Fourth Amendment, and skirts the Privacy Act and Administrative Procedure Act.[10] A motion for preliminary injunction is the next major filing on the docket; the underlying TRO posture has not changed collection practice at the agency. As of this review, the rule is in effect, litigation is active, and no circuit court has ruled on the merits.
For context, see our coverage of the broader EPIC and immigrant-rights opposition to USCIS biometric expansion and the related federal DNA-database privacy and genetic-genealogy beat.
References
- Federal Register - DHS Biometrics Proposed Rule (November 2025)
- Nextgov - DHS Biometric Proposal Includes Children, DNA (November 2025)
- Ogletree Deakins - DHS Biometrics Expansion Analysis (November 2025)
- The Guardian - DHS Immigration DNA Goes to FBI Database (November 2025)
- Institute for Justice - DHS Biometrics Challenge
- Hastings Center - Ethical Concerns Over Immigration DNA Collection
- Fragomen - DHS Biometric Rule History (2020-2025)
- Federal Register: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services (final rule published October 1, 2025, 90 FR 47946, effective December 1, 2025)
- DHS press release: Secretary Noem finalizes rule to collect biometrics from immigrants (October 1, 2025)
- ACLU / EFF lawsuit announcement: Civil rights groups sue DHS over new biometric collection rules (Northern District of California, October 22, 2025)