EPIC Opposes Dangerous Expansion of Biometric Data Collection and Urges USCIS to Rescind Proposed Rule

On Jan. 2, EPIC submitted comments to U.S. Citizenship and Immigration Services (USCIS) in response to the Proposed Rule published on November 3, 2025. The Proposed Rule would allow USCIS to (i) require biometrics from anyone (regardless of age) filing or associated with an immigration benefit request or other requests or data collections; (ii) expand biometrics collected in alien arrests; (iii) define biometrics; (iv) codify requirements around reuse of biometrics and other data; (v) codify and expand DNA testing, use, and storage; (vi) excuse failure to appear at a biometric services appointment only under “extraordinary circumstances;” (vii) modify how applicants demonstrate good moral character; and (viii) clarify biometrics collection purposes. 

This is a significant escalation of the substantial personal data collection already required from applicants. 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. 

In its comments, EPIC reiterates the unique and long-term dangers of collecting and using biometric data, focusing on facial recognition technology in particular. EPIC highlights the ways this proposed expansion would violate the Fair Information Practice Principles (FIPPs), which DHS itself describes as the “foundational principles for privacy policy and implementation.” The comments also detail how USCIS fails to justify the massive expansion in data collection, which goes beyond USCIS’ statutory authority. USCIS does not substantiate claims of widespread fraud which would require expanding the collection of biometrics to infants, young children, U.S. Citizens, U.S. permanent residents, individuals who DHS suspects of fraudulently representing their gender, and anyone else connected to a filing for benefits.  

EPIC has a long history of pushing back against the expansion of biometric data collection, particularly in regards to facial recognition. EPIC regularly submits comments, files amicus briefs, and testifies in front of legislators advocating for the prohibition of facial recognition and to limit the collection and use of biometric data writ large. EPIC has also spent over a decade submitting comments and engaging in litigation to preserve the Privacy Act safeguards enacted by Congress.