Detained

Biometrics in Detention

On October 7, 2026, a federal judge ordered the Department of Homeland Security (DHS) to collect biometrics for people whose cases are pending before U.S. Citizenship and Immigration Services (USCIS) while they are detained by U.S. Immigration and Customs Enforcement (ICE). This resource explains how legal representatives can advocate for clients in detention who need biometrics.

J.Z. v. DHS: Restoring Access to Biometrics for People in ICE Detention

A group of immigrants in detention represented by Democracy Forward, National Immigration Project, and the National Immigrant Justice Center filed a class action lawsuit challenging a December 2025 Trump administration policy that blocks detained people from completing biometrics processes, including fingerprints and photos, for applications filed with U.S. Citizenship and Immigration Services (USCIS). Without biometrics, people’s immigration applications are automatically denied.

Quick Start Guide: Voluntary Departure

Voluntary departure (VD) is a way for someone to avoid an order of removal on their record by agreeing to
leave the U.S. at their own expense while meeting certain conditions. Voluntary departure is a benefit
available to detained and non-detained individuals seeking to return to their home country. Voluntary
departure is especially useful for people who may have a legal pathway to return to the U.S., such as a
family petition. In some cases, it may be the only relief available, but in other cases, the government may
use it as leverage to convince someone to waive their rights or waive other relief when it is of little to no
help.