The Department of Homeland Security (DHS) is moving to dramatically overhaul its biometric data collection, proposing a new rule that would require DNA samples and expanded biometric information from virtually all immigration applicants, petitioners, and detainees—regardless of age.
Thank you for reading this post, don't forget to subscribe!This proposal, put forth by the Trump administration, is expected to face immediate legal and constitutional challenges as it affects millions of people and raises profound privacy concerns over government access to genetic information.
What the Proposed Rule Would Change
The new regulation would dramatically expand DHS’s current authority, moving far beyond the typical collection of fingerprints from certain adult applicants.
| Current Policy (Limited) | Proposed Expansion (Sweeping) |
| Biometrics: Primarily limited to fingerprints and photos. | New Biometrics: Redefinition to include DNA, iris scans, facial recognition data, voiceprints, and behavioral patterns. |
| Who is Subject: Primarily certain adult applicants for formal benefits (e.g., green cards, naturalization). | Who is Subject: Anyone—including minors and U.S. citizens—associated with any immigration application or request, or arrested by immigration officials. |
| DNA Collection: Limited to verifying family relationships and from certain individuals in custody (since 2020). | DNA Collection: Routine element for all immigration processing to verify identity, relationships, and “evidence of biological sex.” |
Constitutional and Privacy Concerns
Legal experts predict significant court battles over the rule, which reverses a previous Obama-era determination that such widespread DNA collection was not feasible. Key concerns include:
- Privacy and Genetics: Unlike fingerprints, DNA contains deeply personal and familial genetic information. The proposed rule would codify how this genetic data is used, shared, and retained for law enforcement and identity purposes.
- Civil vs. Criminal: Opponents argue that requiring DNA from individuals involved in a civil immigration process, many of whom have not been charged with a crime, violates fundamental rights, potentially leading to a constitutional dispute that could reach the Supreme Court.
- Scope: The expansion would collect data from millions of individuals, including children and potentially U.S. citizens who sponsor relatives.
Current DNA Collection in Custody
It is important to note that a separate policy change in 2020 already eliminated DHS’s discretion to exempt most non-citizens in federal immigration custody (detainees) from DNA collection. These cheek-swab samples are currently being collected by CBP and ICE and are submitted to the FBI’s CODIS national criminal database.
Next Steps
The proposed regulation is entering a 60-day public comment period after its formal publication, after which DHS will review feedback before issuing a final rule.
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