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New USCIS Biometrics Policy for Immigrants in Detention Explained

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to clarify when biometrics will be collected for people in detention. USCIS biometric policy for detainees impacts many cases. This policy impacts individuals who filed USCIS applications either before being detained by ICE or during their detention.

The update is designed to “deter frivolous claims” and provide consistency, but it also raises confusion and real risks for detained immigrants with pending cases. Here, we’ll break down what the USCIS biometric policy for detainees means for detained immigrants and their families. Detained immigrants must understand USCIS biometric policy.

When Will USCIS Collect Biometrics for Detained Immigrants?

The USCIS biometric policy for detainees limits options for some applicants. Under the new guidance, DHS generally will no longer take biometrics (fingerprints, photos, and signatures) from detained immigrants unless they meet the following criteria:

  • The person is in removal proceedings, and
  • The person has a pending application or petition filed with the Executive Office for Immigration Review (EOIR), not USCIS.

In simpler terms, if someone is detained and their case is before an immigration court (EOIR) with a pending application, biometrics may still be taken as part of that court-based process.

What Happens If an Immigrant Has a Pending USCIS Application While Detained?

USCIS has made it clear: they will not approve special requests to collect biometrics for detainees who:

  • Are detained in any jail, prison, ICE facility, or similar detention center, and
  • Have a pending immigration petition or application with USCIS (for example, I-130, I-485, I-589, I-765, I-131, waiver, or other benefit requests filed directly with USCIS).

This means that if a person is incarcerated and only has a USCIS benefit pending (and not an EOIR application), USCIS will not send officers to the detention facility to collect biometrics, even if requested by family members or an attorney.

This change in the USCIS biometric policy for detainees creates new challenges.

USCIS Ends an Unofficial Agreement with ICE

The new guidance removes previous language suggesting an informal, internal agreement between USCIS and ICE for collecting biometrics of detainees with pending USCIS cases. USCIS now states clearly:

  • There is no controlling intra-departmental agreement requiring the collection of biometrics for detainees with pending USCIS benefit requests.

This update means that USCIS is no longer obligated to coordinate with ICE for biometric collection within detention centers.

Key Risk of “Abandonment” of USCIS Applications for Detained Immigrants

USCIS continues to deny immigration benefit requests as “abandoned” when an applicant misses their Application Support Center (ASC) biometrics appointment. This poses a significant risk for detained immigrants.

If someone is detained and cannot attend their scheduled ASC appointment, USCIS will usually:

  • Treat the missed biometrics appointment as a failure to appear, and
  • Deny the underlying application as abandoned.

USCIS is not promising to reschedule biometrics or send officers to the facility. They do not automatically excuse the absence due to the individual’s detention status.

How This Policy Affects Immigration Cases

For detained immigrants with pending USCIS applications, this policy can lead to:

  • Inability to file USCIS applications requiring biometrics (e.g., I-360 VAWA or I-485 green card application), as they may be denied for abandonment.
  • Denial of family-based or humanitarian applications due to “abandonment.”
  • Loss of filing fees and time.
  • Additional hurdles to refiling or reopening cases.
  • Complicated interactions between immigration court cases and USCIS filings.

What Families and Attorneys Should Do About USCIS Biometric Policy for Detainees

Families and attorneys now need to think strategically:

  • Is it better to move relief into immigration court if the person is detained?
  • Can a request for release or bond be made before the biometrics appointment date?
  • Should new applications be filed after release, rather than risking abandonment while detained?

Every case is different, and timing is critical.

If your loved one is detained and has a pending USCIS case or upcoming biometrics appointment, get individualized legal advice as soon as possible.

For a confidential consultation with Shepelsky Law Group about detained family members, biometrics issues, and abandoned cases, call us at Tel: 718-769-6352 or schedule your paid consultation directly at Shepelsky Law Group Booking.