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The Trump administration's DHS proposal would expand biometric data collection, including DNA, from all immigration applicants and detainees, raising major privacy, legal and constitutional concerns likely to face court challenges.
US President Donald Trump.
New Delhi,UPDATED: Nov 2, 2025 06:19 IST
The Department of Homeland Security (DHS) is moving to significantly expand its collection of biometric data from immigrants — including DNA samples — under a new rule proposed by the Trump administration.
Until now, DHS typically collected limited biometrics, such as fingerprints, and mainly from certain applicants, often only adults. The new regulation would dramatically broaden that authority. It would require biometric data from anyone — regardless of age — who files or is associated with an immigration application or request, unless specifically exempted.
The proposal also allows DHS to collect biometrics not only during formal immigration benefit processing, but also whenever a noncitizen is arrested by immigration officials.
In addition, DHS plans to formally redefine what qualifies as “biometrics.” The definition could extend well beyond fingerprints to include DNA, iris scans, facial recognition data, voiceprints, and even behavioural patterns.
A key part of the proposal seeks to expand DHS’s authority to collect, test, use, and store DNA samples. The rule would codify how genetic data can be used, shared, and retained for identity verification and law enforcement purposes.
At present, DNA collection in immigration cases is relatively limited. It primarily occurs in two contexts:
Family Relationship Verification:When individuals claim a biological relationship — such as a parent, child, or sibling — and documentary proof is insufficient, DHS or the State Department may request a DNA test. The applicant bears the cost, and the test must be conducted through a USCIS-approved laboratory. While voluntary, refusal can negatively affect the case outcome.
Border and Law Enforcement Programs:Beginning in 2019–2020, Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) began collecting DNA from some non-U.S. citizens in custody under the FBI’s Combined DNA Index System (CODIS) program. This stems from the DNA Fingerprint Act of 2005, which authorises DNA collection from individuals in federal custody. The process involves cheek swabs, and the data is stored in the FBI’s national database.
Currently, regular applicants for visas, green cards, asylum, or naturalisation are not required to provide DNA. The new DHS proposal could make DNA collection a routine element of immigration processing in the future.
Notably, during the Obama administration, federal officials determined that collecting DNA on such a sweeping scale from individuals in immigration detention was not feasible — a stance this new proposal would reverse.
Legal experts expect the rule to face significant challenges in court. It raises complex constitutional questions about privacy, government power, and the use of genetic data — potentially affecting millions of people, not just criminal suspects. Many observers believe the dispute could ultimately reach the US Supreme Court.
- Ends
Published By:
Aashish Vashistha
Published On:
Nov 2, 2025
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