Whether you are applying to a new job or submitting a work permit renewal, you might be asked to submit copies of your fingerprints — also known as biometrics.
What are biometrics?
Biometrics is the process of collecting data for the purposes of identifying an individual. Biometrics provide a layer of security as it’s how someone can verify your identity and your background. Examples of biometrics include using your fingerprint to unlock your phone and having your face scanned before boarding a plane.
The U.S. requires that you submit fingerprints to gain work authorization, claim asylum, and adjust your status, among other applications. Certain jobs also require you to submit fingerprints so that they can check your criminal record and ensure that you’re suitable to be employed.
In this guide we interview Rachel Levenson, Brooklyn Lead Immigration Attorney at Make the Road New York, about the risks immigrants may face when complying with biometrics requirements.
I am applying for a new job and my prospective employer is asking me to get fingerprinted. Will submitting my fingerprints for employment purposes put me at risk of Immigration and Customs Enforcement (ICE) detention?
Anyone who is undocumented or the government believes is deportable is at risk of ICE detention. It should be assumed that any information in a background check could be shared with the government, including background checks conducted by private companies, as reported here.
That said, to my knowledge, to date, ICE has not specifically targeted anyone for detention simply because they submitted fingerprints for an employment-based background check.
However, given widespread data-sharing between ICE and other government agencies and background check companies, this may change in the future.
You should also keep in mind that fingerprinting that is done at a police station or other law enforcement agency also may present heightened risks — for example, if you have an outstanding warrant and go to a police station for fingerprinting for a background check, you risk arrest or detention and potential transfer to ICE custody.
Bottom line is: if you are concerned about ICE enforcement based on submitting a fingerprints-based background check as part of a job application, you should discuss your specific situation with an immigration attorney.
Also Read: Pro-Bono Lawyers And Free Legal Services in New York Immigration Courts
I consulted with an immigration attorney and they are submitting fingerprints to the Federal Bureau of Investigation (FBI) as part of their consultation process. Does the FBI share information with ICE?
Historically, conducting a FBI background check has been a routine part of the immigration consultation process. This is for various reasons including that immigration agencies conduct their own FBI background checks whenever a person applies for an immigration benefit or is in removal proceedings.
For this reason, it is very important for your immigration attorney to know about what might appear on such a background check.
That said, ICE has access to FBI databases, which contain information about criminal arrests, charges or convictions, orders of protection and may contain information about civil immigration law violations. FBI background check requests require sharing your address and other biographical information.
It is not currently known the likelihood that submission of a FBI fingerprint request would result in Department of Homeland Security (DHS) or ICE enforcement activity.
If you are concerned about ICE enforcement risks from submitting a FBI background check as part of your consultation with an immigration attorney, you should discuss this concern with that attorney.
I have had my work permit for a few years and have not needed to submit new fingerprints. However, I received a notice from USCIS telling me that I must go in person to a processing center to submit new prints. Will attending my biometrics appointment put me at risk of arrest or detention?
On December 12, 2025, USCIS announced that it would not re-use photographs collected at biometrics appointments that are over three years old. This means that while in the past, USCIS may have re-used biometrics for a new application, now an individual is likely to be scheduled for a new biometrics appointment when they submit a new immigration application such as a work permit renewal.
There have been a few reports of people being detained at biometrics appointments, but as of January 2026, it is very rare.
I have been arrested by the New York Police Department (NYPD) in the past. Will my previous contact with the criminal-legal system put me at risk of ICE arrest or detention if I have to get fingerprinted for my immigration case?
While previous contact with the criminal-legal system can lead to increased risk of ICE arrest or detention at an immigration biometrics appointment, as of January 2026 there have been only a few reports of people being detained at biometrics appointments.
Many people with criminal-legal histories have successfully attended biometrics appointments without issue.
This, however, is a rapidly changing landscape and if you are concerned about this risk to you, you should speak with an immigration attorney about your specific circumstances.
Anything else I should know or consider before submitting biometrics?
It is understandably nerve-racking to submit biometrics. However it is important to know that this is a required part of the process for most if not all immigration applications, and if you do not attend your appointment or do not successfully reschedule it, your application will likely be denied based on abandonment.
Also Read: Here is Why You Shouldn’t Miss Your Immigration Court Hearing
Under the current Trump Administration’s Notice to Appear policy, denied applications are likely to result in the initiation of removal proceedings or potentially other ICE enforcement activity.
For this reason, if you are worried about negative consequences of applying for an immigration benefit, it is important to receive trusted legal advice on those risks before submitting any application.
That said, if you have already filed and are now considering not attending a scheduled biometrics appointment, it is also important to speak with an immigration lawyer at this stage so you can make an informed decision.
Also Read: No-Cost Legal Clinics Available for NYC Immigrants
