The Department of Homeland Security has proposed a rule change to collect extensive biometric data from all immigrants, regardless of age, and store it throughout their immigration lifecycle. Critics from civil rights groups warn of severe privacy risks and potential for lifelong tracking. The plan aims to combat trafficking and verify family ties but faces strong opposition.
The U.S. Department of Homeland Security (DHS) unveiled a proposed rule on November 5, 2025, to expand biometric data collection across its immigration agencies, including Immigration and Customs Enforcement (ICE). This would encompass facial imagery, fingerprints, palm prints, iris scans, voice prints, and DNA in limited cases, such as verifying family relationships. Unlike previous policies, the rule removes age restrictions, allowing collection from children under 14 to better identify unaccompanied minors and reduce human trafficking risks.
DHS estimates the annual cost at $288.7 million, with $57.1 million allocated for DNA collection, plus $231.5 million in fees to immigrants. From 2020 to 2024, only about 21% of immigrants had such data processed, but the expansion could add 1.12 million submissions yearly, bringing the total to 3.19 million. The database, already the world's second largest, would retain data until an immigrant gains citizenship or is removed.
Civil rights experts have condemned the proposal. Jennifer Lynch, general counsel for the Electronic Frontier Foundation (EFF), called it a "grave threat" to privacy, noting a similar 2020 effort was withdrawn due to opposition. "DHS’s plan to track immigrants over time, starting as young as possible, would allow DHS to track people without their knowledge as they go about their lives and map families and connections in whole communities over time," Lynch told Ars Technica. She highlighted risks of data breaches, especially for children vulnerable to identity theft, and a chilling effect on free speech amid DHS's social media monitoring.
Esha Bhandari of the ACLU echoed these concerns: "DHS continues to explore disturbing new excuses to collect more DNA and other sensitive biometric information... this will have serious privacy consequences for citizens and noncitizens alike." The rule would also gather data from U.S. citizens and permanent residents sponsoring immigrants.
DHS justifies the changes as essential for identity verification, fraud prevention, and background checks, including for children seeking benefits under laws like the Violence Against Women Act. Agencies may set thresholds for certain collections, but children could face more scrutiny than adults. Public comments are open until January 2, 2026, with 42 submissions already filed, mostly critical and some anonymous, decrying it as an authoritarian overreach.