The Trump administration has opened a 60-day comment period on a proposed Department of Homeland Security (DHS) rule that would require **every** foreign national who seeks an immigration benefit—from visitor-visa extensions to naturalisation—to submit DNA and other next-generation biometrics. Under the draft regulation, U.S. Citizenship and Immigration Services (USCIS) could compel applicants, petitioners and even U.S. citizen sponsors (for example, the American parent of an adopted child) to provide genetic samples, iris images, facial scans, voiceprints and behavioural signatures.
DHS argues the expansion will tighten identity verification, deter fraud, and allow instant cross-checking with criminal databases. Currently, DNA is collected only in limited family-reunification and law-enforcement contexts; fingerprints remain the mainstay for most applications. The rule would codify how genetic data are stored in the FBI’s CODIS system, authorise collection during immigration arrests, and eliminate the current age floor—meaning infants could be swabbed at visa interviews.
![DHS proposes sweeping DNA-based biometric rule for every immigration filing]()
Privacy advocates warn that mass genetic retention goes far beyond global norms. The American Immigration Lawyers Association says the proposal ignores 2020 internal DHS studies that found universal DNA collection economically unfeasible and legally precarious. Civil-liberties groups are preparing litigation, citing Fourth-Amendment concerns and the Supreme Court’s limits on fees exceeding service costs.
For employers that sponsor foreign staff, global-mobility teams must budget extra lead time if laboratory tests become mandatory. Corporate travellers could face added steps at U.S. consulates, while multinational HR departments will need updated consent forms and data-protection protocols. If finalised, the rule could take effect as early as mid-2026, although court injunctions are likely.
Practical takeaway: begin reviewing privacy notices, revisit onboarding timelines for assignees, and monitor DHS’s final-rule publication for implementation dates and possible exemptions.
DHS argues the expansion will tighten identity verification, deter fraud, and allow instant cross-checking with criminal databases. Currently, DNA is collected only in limited family-reunification and law-enforcement contexts; fingerprints remain the mainstay for most applications. The rule would codify how genetic data are stored in the FBI’s CODIS system, authorise collection during immigration arrests, and eliminate the current age floor—meaning infants could be swabbed at visa interviews.
Privacy advocates warn that mass genetic retention goes far beyond global norms. The American Immigration Lawyers Association says the proposal ignores 2020 internal DHS studies that found universal DNA collection economically unfeasible and legally precarious. Civil-liberties groups are preparing litigation, citing Fourth-Amendment concerns and the Supreme Court’s limits on fees exceeding service costs.
For employers that sponsor foreign staff, global-mobility teams must budget extra lead time if laboratory tests become mandatory. Corporate travellers could face added steps at U.S. consulates, while multinational HR departments will need updated consent forms and data-protection protocols. If finalised, the rule could take effect as early as mid-2026, although court injunctions are likely.
Practical takeaway: begin reviewing privacy notices, revisit onboarding timelines for assignees, and monitor DHS’s final-rule publication for implementation dates and possible exemptions.
