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Proposed RuleSignificant2025-197472025-11-03

Collection and Use of Biometrics by U.S. Citizenship and Immigration Services

Homeland Security Department

Abstract

The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing biometrics use and collection. 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; define "biometrics;" codify reuse requirements; codify and expand DNA testing, use and storage; establish an "extraordinary circumstances" standard to excuse a failure to appear at a biometric services appointment; modify how VAWA self-petitioners and T nonimmigrant status applicants demonstrate good moral character; and clarify biometrics collection purposes.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Submission of Public Comments: Written comments on the proposed rule must be submitted on or before January 2, 2026. Comments on the information collection described in the Paperwork Reduction Act section of this proposed rule must be received on or before January 2, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day.

CFR References

Topics

Administrative practice and procedureAdoption and foster careAliensAuthority delegations (Government agencies)EmploymentFeesForeign officialsFreedom of informationHealth professionsImmigrationMigrant laborPassports and visasPrivacyRefugeesReporting and recordkeeping requirementsStudentsSurety bondsTravel restrictions

Public Comment

Comments Close
2026-01-02

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Parts 1, 103, 204, 207, 208, 209, 210, 212, 214, 215, 216, 235, 236, 240, 244, 245, 245a, 264, 287, 333 and 335 [CIS No. 2814-25; DHS Docket No. USCIS-2025-0205] RIN 1615-AC99 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing biometrics use and collection. 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; define “biometrics;” codify reuse requirements; codify and expand DNA testing, use and storage; establish an “extraordinary circumstances” standard to excuse a failure to appear at a biometric services appointment; modify how VAWA self-petitioners and T nonimmigrant status applicants demonstrate good moral character; and clarify biometrics collection purposes. DATES: Submission of Public Comments: Written comments on the proposed rule must be submitted on or before January 2, 2026. Comments on the information collection described in the Paperwork Reduction Act section of this proposed rule must be received on or before January 2, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. ADD

Read full document on FederalRegister.gov →

Full Document

Citation: 90 FR 49062