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USCIS propose new rule to request DNA


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Under this proposed rule, DHS may also require, request, or accept raw DNA (deoxyribonucleic acid) or DNA test results, which include a partial DNA profile,[14] as evidence of genetic relationship, to determine eligibility for immigration and naturalization benefits or to perform any other functions necessary for administering and enforcing immigration and naturalization laws. Where evidence of a relationship is required, this rule proposes to grant DHS express authority to require, request, or accept raw DNA or DNA test results (which include a partial DNA profile) from relevant parties such as applicants, petitioners, derivatives, dependents, and beneficiaries, to prove or disprove the existence of a claimed, or unclaimed, genetic relationship or biological sex.[15] DHS recognizes that there are qualifying family members, such as adopted children, who do not have a genetic relationship to the individual who makes an immigration benefit request on their behalf. To the extent the rule discusses using DNA evidence to establish claimed or unclaimed relationships in support of certain immigration benefit requests, it refers only to genetic relationships that can be demonstrated through DNA testing. Current regulations generally require documentary evidence such as marriage and birth certificates, and secondary evidence such as medical records, school records, religious documents, and affidavits to support claims based on familial relationships. DHS currently does not have regulatory provisions in place to require, request, or accept DNA testing results to prove or disprove the existence of claimed or unclaimed genetic relationships, but because documentary evidence may be unreliable or unavailable, in some situations, individuals are allowed to voluntarily submit DNA test results. Under this rule, DHS may expressly require, request, or accept raw DNA or DNA test results which include a partial DNA profile to prove or disprove the existence of a claimed, or unclaimed, genetic relationship.

 

Similarly, under this rule, DHS may expressly require, request, or accept raw DNA or DNA test results (which include a partial DNA profile) as evidence to determine eligibility for immigration and naturalization benefits or to perform any other functions necessary for administering and enforcing immigration and naturalization laws. For example, DHS may request DNA evidence to prove or disprove an individual's biological sex in instances where that determination will impact benefit eligibility. DHS currently does not have regulatory provisions in place to require, request, or accept DNA testing results for such purposes, but because documentary evidence may be unreliable or unavailable, in some situations, individuals may voluntarily submit DNA test results.

DHS proposes to collect, treat, and locate raw DNA (the physical sample taken from the applicable individual) that is taken as a biometric modality distinct from the other biometric modalities it is authorized to collect, at a DHS or DHS-authorized facility and further proposes to not handle, store or share any raw DNA for any reason beyond the original purpose of submission ( e.g., to prove or disprove the existence of a claimed or unclaimed genetic relationship or biological sex), unless DHS is required to share by law.[16] DNA test results, which include a partial DNA profile, like other evidence, becomes part of the record, and DHS will store and share DNA test results for adjudication purposes, including to determine eligibility for immigration benefits or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, to the extent permitted by law.[17]


https://www.federalregister.gov/documents/2025/11/03/2025-19747/collection-and-use-of-biometrics-by-us-citizenship-and-immigration-services

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