DHS Biometrics Expansion Rule
Take Action to Oppose the Administration's Proposal
On Sept. 1, 2020, the Department of Homeland Security, or DHS, and USCIS announced the upcoming publication of a Notice of Proposed Rulemaking, or NPRM, that proposes to drastically expand the authorities and methods by which DHS component agencies may collect personal and private data for the purposes of implementing immigration law and policies.
On Sept. 11, DHS officially published the NPRM in the Federal Register, providing the public with only 30 days to comment.
NPRM Summary/Highlights:
- The proposal would redefine “biometrics” to mean “the measurable biological (anatomical and physiological) or behavioral characteristics used for identification of an individual,” including a list of modalities of biometric collection.
- The proposal would drastically expand the number of people required to provide biometrics
- Any applicant, petitioner, sponsor, beneficiary, or individual filing or associated with an immigration benefit or request, including United States citizens, must appear for biometrics collection without regard to age unless DHS waives or exempts the biometrics requirement.
- DHS proposes to authorize biometric collection, without regard to age, upon arrest of an alien for purposes of processing, care, custody, and initiation of removal proceedings
- The proposal would significantly expand the amount of personal information (PII) the component agencies may require
- The rule proposes to increase the biometric modalities that DHS collects, to include iris image, palm print, voice prints, and DNA in instances in which DHS or components determine the familial relationship needs to be verified.
- The rule would allow immigration authorities to collect DNA samples from families in government custody
- The rule proposes to increase the biometric modalities that DHS collects, to include iris image, palm print, voice prints, and DNA in instances in which DHS or components determine the familial relationship needs to be verified.
- The proposal would extend the storage and usage of PII
- The rule proposes that DHS may require, request, or accept DNA test results, which include a partial DNA profile, to prove the existence of a claimed genetic relationship and that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws
- The proposal would modify how VAWA and T nonimmigrant petitioners demonstrate good moral character, as well as remove the presumption of good moral character for those under the age of 14
In summary, the NPRM proposes sweeping changes to the amount of private information DHS and its component agencies collect, including but not limited to:
- Expanding the collection of biometrics to require any applicant, petitioner, sponsor, beneficiary or individual filing or associated with an immigration benefit or request - over six million people annually - to appear for biometrics collection without regard to age, including U.S. citizens;
- Increasing the biometric modalities that it uses to collect biometrics information for benefits adjudication and law enforcement purposes to include palm prints, facial and iris image, and voice prints and DNA, as well as permit the indefinite retention of biometrics and allow the agency to share biometrics with law enforcement;
- Authorizing DHS to require, request, or accept the submission of DNA or DNA test results, which include a partial DNA profile, to verify the existence of a claimed genetic relationship for benefits adjudication and law enforcement purposes (including collecting DNA samples from families in government custody);
- Removing the age restrictions for biometrics collection in the context of Notice to Appear issuance for the same reasons (i.e., identity verification,criminal history background checks, etc.).
- Modifying how VAWA self-petitioners and applicants for T nonimmigrant status demonstrate good moral character, as well as remove the presumption of good moral character for children under the age of 14.