A Shift in Immigration Policy

In a significant legal decision, a federal judge has put a stop to a Trump administration policy. This policy had hindered immigrants in detention from completing essential fingerprint and background checks required for visa applications and other legal immigration statuses.

Judge’s Findings on DHS Policy

U.S. District Judge Amir H. Ali ruled against the Department of Homeland Security (DHS). He stated that DHS inadequately explained its choice to cease biometric data collection from detained immigrants with pending applications. The policy, implemented in December 2025, had broad implications. It affected those applying for permanent residency and visas for victims of human trafficking and serious crimes, along with other humanitarian protections.

The judge’s decision temporarily reinstates the previous biometric collection process. This comes amidst ongoing litigation challenging the policy.

Trump Administration’s Immigration Approach

During his second term, President Donald Trump adopted a strong stance on immigration. His administration focused on increasing arrests, deportations, and tightening asylum and migration rules. They justified these measures as crucial for enhancing border security and ensuring public safety. However, numerous policies encountered legal disputes.

Newsweek attempted to reach DHS for comments, but no response was received outside regular working hours.

Understanding DHS’s Original Policy

The December 2025 policy from DHS stopped collecting biometric data, such as fingerprints and photographs, from detained immigrants, including unaccompanied minors. These immigrants were seeking legal status via U.S. Citizenship and Immigration Services (USCIS). Biometric data is vital for various immigration applications. It helps authorities confirm identities and perform background checks.

Previously, Immigration and Customs Enforcement (ICE) facilitated detained immigrants in completing these checks. This included providing transportation to appointments. The administration removed this role, yet maintained rules allowing USCIS to reject applications for missed appointments, creating complications for detained immigrants who couldn’t travel independently.

USCIS argued the policy was meant to deter frivolous claims and to maintain operational consistency.

Judge Ali’s Reasons for Blocking the Policy

A lawsuit, initiated by six detained immigrants, asserted the government effectively blocked them from completing applications for immigration protections allowed under federal law.

Among the plaintiffs were human trafficking survivors and individuals facing domestic violence. Also included was an immigrant married to a U.S. citizen. Their legal representatives contended the policy conflicted with federal immigration law, constitutional due process, and the Administrative Procedure Act.

The judge noted the plaintiffs were likely to prove that the policy was “arbitrary and capricious.” DHS failed to sufficiently assess its impacts. He found the decision, lacking a proper explanation, effectively denied immigration relief to those eligible for status.

The judge criticized the administration’s claim that the policy would curtail fraudulent applications. He emphasized the importance of fingerprint collection for assessing applicant qualification for immigration benefits.

During a hearing, a government attorney failed to provide a justification for the policy’s effectiveness when asked.

The judge acknowledged that the policy exposed applicants to ongoing detention and possible deportation before proper consideration of applications.

Organizations’ Response to the Ruling

The ruling received support from the organizations representing the plaintiffs. Democracy Forward, the National Immigration Project, and the National Immigrant Justice Center celebrated the decision.

Their joint statement highlighted that the Trump administration had created an “impossible trap”: requiring biometrics for legal protections yet refusing collection and denying applications for non-compliance.

The statement underlined that the government should not create insurmountable barriers, leading to punishment for failure.

Future Developments

Judge Ali’s order suspends the policy nationwide, reverting DHS’s responsibility for biometric collection from detained immigrants with pending USCIS applications. However, the ruling doesn’t automatically authorize visas or immigration status, nor does it mean release from detention.

DHS must report to the court by October 21. This report needs to detail how DHS has adhered to the decision. The lawsuit’s core issues remain unresolved.

For further details, contact Newsweek’s editor, Edward Pearcey.