USCIS Updates Fingerprint Policy for Detained Immigrants Amid Legal Challenge
The United States Citizenship and Immigration Services (USCIS) has updated its policy manual regarding biometric fingerprinting procedures for detained individuals, clarifying when and how biometric data will be collected under the Department of Homeland Security (DHS).
According to the revised guidance, DHS will generally not collect biometrics from detained individuals unless they are in removal proceedings and have a pending application or petition before the Executive Office for Immigration Review (EOIR). The agency also stated that it will not reschedule biometric appointments for individuals who miss them due to detention or incarceration.
The updated policy has now become the subject of a federal lawsuit filed in the U.S. District Court for the District of Columbia. The case challenges the rule on behalf of detained non-citizens who argue that they are being denied the opportunity to complete required biometric procedures despite having pending immigration applications.
The lawsuit claims that USCIS’s policy creates a procedural barrier for detained applicants, as biometric submission is often a mandatory step for processing immigration benefits. Attorneys argue that individuals in custody are effectively prevented from fulfilling this requirement, which could result in automatic denial or rejection of their applications without proper review.
Biometric data, including fingerprints, is used by USCIS for identity verification, background checks, and security screening. It is a key requirement in many immigration cases, including special immigrant juvenile status, T visas, U visas, adjustment of status applications, and asylum-related protections.
The plaintiffs further argue that the policy violates federal immigration law, the Administrative Procedure Act, and the Fifth Amendment’s due process protections. They are seeking a court order to block enforcement of the rule, declare it unlawful, and allow detained applicants to resume their immigration processing while the case proceeds.
Advocacy group Democracy Forward, which is involved in the case, stated that the policy could unfairly lead to automatic dismissal of immigration applications simply because individuals are detained and unable to complete biometric requirements.
The case remains ongoing, and no final ruling has been issued by the court. Immigration experts note that the outcome could significantly affect detained immigrants with pending USCIS applications requiring biometric verification.
