The Electronic Privacy Information Center has submitted feedback on the Proposed Rule published in November, opposing its ruling on allowing the U.S. citizenship and Immigration Services to require biometrics from anyone, discounting age, applying for immigration benefits in the U.S. The U.S. stance on “aliens” would entitle the federal authority to expand biometric powers during arrests of these individuals. Collecting more personal data can conflict with privacy considerations and how much of a right the federal government has in opposed in EPIC’s public comments.
Nonetheless, the Proposed Rule, issued on November 3. 2025, lays out that the USCIS could “define biometrics” and “codify requirements around reuse of biometrics and other data, codify and expand DNA testing, use, and storage” to support border management strategy.
They can excuse failure to appear at a biometric services appointment only under “extraordinary circumstances” and modify stricter requirements of applicants in a clear significant “escalation” of personal data use. Applicants must demonstrate the good moral character criteria. Under proper privacy constraints, EPIC argues that biometric collection should be necessary to assess the person’s profile and risk.
The public consultation in response to the Rule clearly lays out that “requiring biometrics in these instances is not merely unnecessary – it is a marked divergence from current practice that increases the risks to the security of personal data collected and carries with it broad potential for abuse and misuse”.
EPIC reiterates the long-term dangers of collecting and using biometric data. An expansion of the use of facial recognition technology would violate the Fair Information Practice Principles, which has not been justified by DHS. Claims of widespread fraud are unsubstantiated.
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