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DHS Policy That Made It Harder For Immigrants To Get Visas Blocked By Judge

DHS Policy That Made It Harder For Immigrants To Get Visas Blocked By Judge

newsweek.com 09.10.2026 11:05 6 views
A judge found DHS had failed to adequately explain its decision to stop collecting biometric information from detained immigrants.

A federal judge has blocked a Trump administration policy that prevented immigrants in detention from completing the fingerprint and background checks needed to apply for visas and other forms of legal immigration status. Ali found the Department of Homeland Security (DHS) had failed to adequately explain its decision to stop collecting biometric information from detained immigrants with pending applications, in a ruling issued Wednesday. The policy, introduced in December 2025, affected people seeking permanent residency, visas for victims of human trafficking and serious crimes, and other humanitarian protections.

The decision temporarily restores the previous process for collecting biometric information while a lawsuit challenging the policy continues. Throughout his second term, President Donald Trump has pursued an extensive crackdown on immigration, including expanding arrests, deportations, and tightening restrictions on asylum seeking and legal migration. The Trump administration has defended its policies as necessary to strengthen border security and to protect public safety.

But several policies and measures have faced legal challenges. Newsweek has contacted the DHS for comment via email outside of regular working hours. Under the policy announced in December, DHS generally stopped collecting fingerprints, photographs and other biometric information from detained immigrants, including unaccompanied children, applying for legal status through the U.S.

Citizenship and Immigration Services (USCIS). Biometric information is required for many immigration applications because it allows authorities to verify applicants' identities, as well as conduct background and security checks. Previously, Immigration and Customs Enforcement (ICE) had been responsible for helping detained immigrants complete these checks, including transporting them to appointments.

However, the administration removed that responsibility while maintaining rules that allow USCIS to deny applications when people fail to attend required appointments. This created issues for detained immigrants, who could not independently travel to appointments and whose detention was not accepted as a reason for rescheduling. USCIS said the policy was intended to "deter the filing of frivolous claims and provide operational consistency." Six detained immigrants filed the class-action lawsuit in April, arguing that the government had effectively prevented them from completing applications for immigration protections available under federal law.

The plaintiffs included survivors of human trafficking and domestic violence, a young person seeking protection after childhood abuse, and an immigrant married to a U.S. citizen. Their lawyers argued that the policy violated federal immigration law, constitutional due process protections and the Administrative Procedure Act, which governs federal agencies' decision-making. The judge concluded that the plaintiffs were likely to succeed in showing the policy was "arbitrary and capricious" because DHS had failed to adequately consider its consequences.

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