A proposed federal rule under review has ignited legal and constitutional debate after disclosures that the U.S. government is considering the collection of DNA from foreign tourists seeking entry into the United States.
According to commentary based on a recent Federal Register publication, the proposal would significantly broaden the scope of information required from non-U.S. citizens entering the country, including tourists and travellers covered under visa waiver programs. If implemented, the rule would add DNA samples to existing data collection requirements that already include fingerprints, photographs, social media histories, and detailed personal background information.
Scope of the Proposal
The rule, as described by legal analysts reviewing the document, would authorize the U.S. government to request DNA from foreign nationals during the visa application or entry process.
The proposal does not specify the method of DNA collection—such as saliva or blood—nor does it clearly outline limits on data retention, use, or sharing among federal agencies.
The rule is reportedly subject to a standard 60-day public comment period, after which it could be revised, finalized, or withdrawn.
Legal and Constitutional Questions
The proposal has raised immediate concerns among legal scholars and civil liberties advocates, particularly around Fourth Amendment protections, due process considerations, and data privacy obligations.
While U.S. courts have historically allowed broad biometric collection at the border under the “border search exception,” DNA occupies a distinct legal category. Unlike fingerprints, DNA contains extensive genetic information that can reveal familial relationships and sensitive biological traits, raising questions about proportionality and necessity under constitutional and administrative law standards.
There is also uncertainty over whether such a requirement could face challenges under international human rights frameworks or bilateral travel agreements, especially if foreign nationals are compelled to provide DNA as a condition of entry.
Implications for Immigration Practice
If enacted, the rule would represent one of the most expansive biometric screening measures ever applied to foreign visitors by the United States. Immigration attorneys warn it could complicate visa processing, discourage tourism and business travel, and increase litigation related to data protection, consent, and improper use of genetic information.
Legal experts also note the absence of clear statutory authority explicitly authorizing routine DNA collection from tourists, which could expose the rule to challenges under the Administrative Procedure Act if it is deemed arbitrary, overly broad, or insufficiently justified.
What Happens Next
At present, the proposal does not carry the force of law. Its future will depend on public comments, interagency review, and potential political and judicial scrutiny. Should the rule advance, it is likely to face immediate legal challenges testing the limits of executive authority over border enforcement and biometric surveillance.
For now, the proposal underscores a growing legal tension in U.S. immigration policy: balancing national security objectives with constitutional protections and evolving norms around genetic privacy in the digital age.
