Tuesday and Wednesday, 2026-10-06 and 2026-10-07 · · run 20261008T0246Z

Court stays DHS biometrics policy

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A federal court on October 7 granted a stay of a Department of Homeland Security policy that stopped collecting biometrics from detained immigration applicants.

The U.S. District Court for the District of Columbia granted the plaintiffs’ motion for a stay but denied their request for a preliminary injunction.

The plaintiffs are people detained by Immigration and Customs Enforcement with pending applications for immigration status.

They sued federal agencies and officials, challenging the policy.

The court concluded the plaintiffs had satisfied their burden for a stay.

It also concluded they had not shown the need for a preliminary injunction in addition.

The policy was announced in December 2025.

USCIS policy states it “does not approve requests to reschedule a biometrics appointment for reason of detention or incarceration.”

The plaintiffs assert the policy violates the Administrative Procedure Act.

It is undisputed USCIS requires biometric information to be collected as part of the application process for the statuses at issue.

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