EPIC Urges USCIS to Withdraw Proposed Rule Expanding “Collection and Use of Biometrics,” Including DNA

The Electronic Privacy Information Center (EPIC) has submitted comments opposing a U.S. Citizenship and Immigration Services (USCIS) proposed rulemaking titled "Collection and Use of Biometrics," arguing the proposal would expand biometric collection requirements, broaden the scope of individuals subject to collection, and add or reinforce modalities including DNA. EPIC’s comments position the proposal as an expansion of biometric surveillance and associated data security and misuse risks.

USCIS’s Notice of Proposed Rulemaking (NPRM) sets a broad definition of "biometrics" as measurable biological or behavioral characteristics, and states that modalities "include but are not limited to" DHS-approved facial imagery, fingerprints and palm prints, handwritten signature, ocular imagery (including iris and retina), voice, and DNA in the form of a partial DNA profile. The NPRM also states that written comments must be submitted on or before January 2, 2026.

In its published comments, EPIC argues the rule would significantly expand biometric requirements for immigration benefit requests, including requirements that could apply to individuals associated with a filing. EPIC wrote that the proposal "would allow USCIS to (i) require biometrics from anyone (regardless of age) filing or associated with an immigration benefit request," and further contends it would "codify and expand DNA testing, use, and storage," among other changes.

Sources: Federal Register, EPIC

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By the ID Tech Editorial Team