https://arstechnica.com/tech-policy/2025/11/dhs-wants-to-use-biometrics-to-track-immigrant-kids-throughout-their-lives/ [arstechnica.com]
Civil and digital rights experts are horrified by a proposed rule change that would allow the Department of Homeland Security to collect a wide range of sensitive biometric data on all immigrants, without age restrictions, and store that data throughout each person’s “lifecycle” in the immigration system.
If adopted, the rule change would allow DHS agencies, including Immigration and Customs Enforcement (ICE), to broadly collect facial imagery, finger and palm prints, iris scans, and voice prints. They may also request DNA, which DHS claimed “would only be collected in limited circumstances,” like to verify family relations.
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Alarming critics, the update would allow DHS for the first time to collect biometric data of children under 14, which DHS claimed would help reduce human trafficking and other harms by making it easier to identify kids crossing the border unaccompanied or with a stranger.Jennifer Lynch, general counsel for a digital rights nonprofit called the Electronic Frontier Foundation, told Ars that EFF joined Democratic senators in opposing [eff.org] a prior attempt by DHS to expand biometric data collection in 2020.
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By maintaining a database, the US also risks chilling speech, as immigrants weigh risks of social media comments—which DHS already monitors—possibly triggering removals or arrests.“People will be less likely to speak out on any issue for fear of being tracked and facing severe reprisals, like detention and deportation, that we’ve already seen from this administration,” Lynch told Ars.
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EFF previously noted that DHS’s biometric database was already the second largest in the world. By expanding it, DHS estimated that the agency would collect “about 1.12 million more biometrics submissions” annually, increasing the current baseline to about 3.19 million.As the data pool expands, DHS plans to hold onto the data until an immigrant who has requested benefits or otherwise engaged with DHS agencies is either granted citizenship or removed.
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DHS said it “recognizes” that its sweeping data collection plans that remove age restrictions don’t conform with Department of Justice policies. But the agency claimed there was no conflict since “DHS regulatory provisions control all DHS biometrics collections” and “DHS is not authorized to operate or collect biometrics under DOJ authorities.”
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Currently, DHS is seeking public comments on the rule change, which can be submitted over the next 60 days ahead of a deadline on January 2, 2026. The agency suggests it “welcomes” comments, particularly on the types of biometric data DHS wants to collect, including concerns about the “reliability of technology.”
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However, DHS claims that’s now appropriate, including in cases where children were trafficked or are seeking benefits under the Violence Against Women Act and, therefore, are expected to prove “good moral character.”“Generally, DHS plans to use the biometric information collected from children for identity management in the immigration lifecycle only, but will retain the authority for other uses in its discretion, such as background checks and for law enforcement purposes,” DHS’s proposal said.
The changes will also help protect kids from removals, DHS claimed, by making it easier for an ICE attorney to complete required “identity, law enforcement, or security investigations or examinations.”
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It’s possible that some DHS agencies may establish an age threshold for some data collection, the rule change noted.A day after the rule change was proposed, 42 comments [regulations.gov] have been submitted. Most were critical, but as Lynch warned, speaking out seemed risky, with many choosing to anonymously criticize the initiative as violating people’s civil rights and making the US appear more authoritarian.
One anonymous user cited [regulations.gov] guidance from the ACLU and the Electronic Privacy Information Center, while warning that “what starts as a ‘biometrics update’ could turn into widespread privacy erosion for immigrants and citizens alike.”
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“You pitch it as a tool against child trafficking, which is a real issue, but does swabbing a newborn really help, or does it just create a lifelong digital profile starting at day one?” the commenter asked. “Accuracy for growing kids is questionable, and the [ACLU] has pointed out how this disproportionately burdens families. Imagine the hassle for parents—it’s not protection; it’s preemptively treating every child like a data point in a government file.”