The US Citizenship and Immigration Services (USCIS) has updated its Policy Manual (Volume 1, Part C) to clarify procedures for collecting biometrics from detained individuals.
Key Policy Changes
Effective immediately, USCIS guidance states:
- Biometrics will generally not be collected from detained aliens unless they are:
- In removal proceedings, and
- Have a pending application or petition filed with the Executive Office for Immigration Review (EOIR).
- USCIS does not approve requests to collect biometrics from individuals detained or incarcerated in DHS or non-DHS facilities who have pending petitions or applications with USCIS.
- Obsolete guidance removed: There is no controlling agreement between USCIS and ICE regarding biometrics collection for detained individuals with pending benefit requests.
- USCIS will continue to deny immigration benefit requests based on abandonment if applicants fail to attend their scheduled Application Support Center biometrics appointments.
This guidance applies to requests pending or filed on or after December 5, 2025, and supersedes all prior instructions on this topic.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.