USCIS Updates Policy on Biometrics for Detainees

Key changes

ALERT: Court stayed USCIS biometrics policy for detained aliens

J.Z. et al. v. United States Department of Homeland Security, et al., 26-cv-01510-AHA (D.D.C.)

On October 7, 2026, the U.S. District Court for the District of Columbia stayed the biometrics policy for detained aliens (J.Z. et al. v. DHS, et al.). Under 5 U.S.C. § 705, this court-ordered stay temporarily halts the policy and its implementation while the lawsuit is pending. This also immediately restores the previous practice where DHS collected biometrics for detained individuals in DHS custody with pending USCIS applications. USCIS strongly disagrees with the Court’s order but will comply with its terms pending possible further judicial review.

This order is effective immediately and applies agency-wide, pursuant to the court-ordered stay. Accordingly, the following are stayed: 1) the USCIS web alert “USCIS Updates Policy on Biometrics for Detainees” issued on December 5, 2025; 2) the USCIS policy alert “Biometrics Collection for Aliens in Custody” PA-2025-28; and 3) the December 5, 2025 updates to the USCIS Policy Manual, Volume 1, Part C, Chapter 2, B “Persons in Custody.” They should be treated as if they are not in effect.

USCIS will issue updated instructions pending further litigation developments.

We are updating USCIS Policy Manual Volume 1, Part C to deter the filing of frivolous claims and provide operational consistency. This update clarifies that the Department of Homeland Security generally will not take biometrics of detained aliens unless they are in removal proceedings and have a pending application or petition filed with the Executive Office for Immigration Review. This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

Reiterates that USCIS does not approve requests to collect biometrics from aliens or other persons who are detained or incarcerated in any jail, prison, or similar DHS or non-DHS detention facilities and have a pending immigration petition or application with USCIS;

Removes obsolete guidance to clarify that there is no controlling intradepartmental agreement between USCIS and Immigration and Customs Enforcement regarding the collection of biometrics for aliens in custody with pending USCIS benefit requests; and

Affirms that USCIS will generally continue to deny immigration benefit requests based on abandonment for aliens who fail to attend their Application Support Center biometrics services appointments.

The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.