USCIS Biometrics Policy for Detained Immigrants

USCIS recently updated its Policy Manual guidance on biometrics for detained individuals. According to USCIS, the update clarifies that DHS generally will not collect biometrics from detained individuals unless they are in removal proceedings and have an application or petition pending before the Executive Office for Immigration Review, also known as EOIR. USCIS also states that it does not approve requests to reschedule a biometrics appointment because of detention or incarceration.

This policy has now become the subject of a federal lawsuit filed in the U.S. District Court for the District of Columbia. The lawsuit, J.Z. et al. v. U.S. Department of Homeland Security et al., challenges the policy on behalf of detained noncitizens who say they have pending immigration applications before USCIS but cannot complete biometrics because they are in custody.

Why Biometrics Matter in Immigration Cases

Biometrics are commonly used by USCIS for identity verification, background checks, and security screening. In many immigration applications, biometrics are a required step before the case can move forward.

The lawsuit explains the problem this way: USCIS may require biometrics to adjudicate an application, but under the updated policy, detained applicants may not be given a practical way to complete that requirement. The complaint alleges that this can cause applications to be denied without a review of the merits.

This matters because some immigration benefits are not decided by an immigration judge. Certain applications must be handled by USCIS, even when the person is also in removal proceedings. The complaint identifies examples such as Special Immigrant Juvenile Status, T visas, U visas, certain adjustment of status applications, and certain family-based or humanitarian protections.

What USCIS Says the Policy Does

The USCIS policy update states that the agency is clarifying how biometrics are handled for detained individuals. The update removes older guidance and states that USCIS generally will not approve requests to collect biometrics from individuals detained or incarcerated in DHS or non-DHS facilities when they have only a pending USCIS application or petition.

USCIS has also stated that if an applicant does not appear for a required biometrics appointment, the benefit request may be treated as abandoned and denied, unless USCIS receives and accepts a proper reason to excuse the failure to appear. The current USCIS Policy Manual language, as quoted in the federal complaint, says USCIS does not approve rescheduling requests based on detention or incarceration.

What the Lawsuit Alleges

The lawsuit argues that the policy creates a difficult and unfair situation for detained immigrants: they may be required to submit biometrics, but the government may not collect those biometrics or transport them to complete the appointment. Democracy Forward’s press release states that the plaintiffs are challenging a policy they say can force automatic denial of applications because detained applicants cannot complete the biometrics step.

The complaint alleges that the policy violates federal immigration law, the Administrative Procedure Act, and the Fifth Amendment’s due process guarantee. The plaintiffs are asking the court to block enforcement of the policy, vacate it, and restore access to the application process while the case continues.

It is important to say this carefully: these are allegations in an active lawsuit. A court will decide the legal issues. But for families with loved ones in detention, the concern is immediate and practical.

Who May Be Affected?

This issue may affect detained individuals who have pending or future applications before USCIS and who need biometrics to move forward. The lawsuit describes detained plaintiffs seeking different forms of immigration relief, including SIJS, T visas, U visas, adjustment of status, and derivative asylum-related benefits.

Families should be especially careful if a detained loved one has received a biometrics appointment notice, missed a biometrics appointment, filed an application that requires fingerprints, or received a denial for abandonment after being unable to attend biometrics.

Disclaimer:

This article is for general informational purposes only and does not provide legal advice. Immigration law changes frequently, and every case depends on its own facts, deadlines, immigration history, and procedural posture. Reading this article does not create an attorney-client relationship. For advice about a specific case, please consult with a qualified immigration attorney.