October 27, 2025
DHS final rule amending 8 CFR 215.8 and 235.1(f). DHS may require any alien to be photographed on entry to and departure from the United States, and may require non-exempt aliens to provide 'other biometrics'. Removes the prior references to pilot programs and the port limitation. Aliens younger than 14 or older than 79 and holders of specified A, C-3, G, NATO and Taiwan E-1 visas are exempt. DNA RELEVANCE: the operative provisions concern facial photographs and the rule does not require DNA collection, but its own definition of 'biometrics' (n.2) expressly lists DNA - 'fingerprints, photographs, iris, DNA, and voice print' - and the amended text authorises 'other biometrics' with no limitation on modality. Asked by commenters whether the definition was being expanded to reach DNA, iris scans and palm prints, DHS did not exclude DNA, answering only that the change preserved flexibility 'to employ different methods of biometric collection in the future'. A watch item: standing authority that could reach DNA without further rulemaking.