Biometrics Collection for Aliens in Custody
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify USCIS policy on obtaining biometrics for detained aliens in custody with pending benefit requests with USCIS. 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.
Effective date and application
This guidance, contained in Volume 1 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify USCIS policy on obtaining biometrics for detained aliens in custody with pending benefit requests with USCIS. 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.
- Provides that USCIS does not 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 ICE regarding the collection of biometrics for aliens in custody with pending USCIS benefits.
- Clarifies that DHS has no obligation to collect biometrics from aliens in detention, unless they are in removal proceedings and have an application or petition in front of the Executive Office for Immigration Review.
