2020-19145: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services

Summary

This rule proposes to amend DHS regulations concerning the use and collection of biometrics in the enforcement and administration of immigration laws by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). First, DHS proposes that 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. Second, 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. Third, DHS proposes to define the term biometrics. Fourth, this rule proposes to increase the biometric modalities that DHS collects, to include iris image, palm print, and voice print. Fifth, this 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. Sixth, this rule 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. Lastly, DHS proposes to further clarify the purposes for which biometrics are collected from individuals filing immigration applications or petitions, to include criminal history and national security background checks; identity enrollment, verification, and management; secure document production, and to administer and enforce immigration and naturalization laws. The changes proposed in this rule are intended to: Provide DHS with the flexibility to change its biometrics collection practices and policies to ensure that necessary adjustments can be made to meet emerging needs, enhance the use of biometrics beyond background checks and document production to include identity verification and management in the immigration lifecycle, enhance vetting to lessen the dependence on paper documents to prove identity and familial relationships, preclude imposters, and improve the consistency in biometrics terminology within DHS .

The agency’s own summary, as published.

What this changes

Amends 16 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 8 CFR 1 Definitions
• 8 CFR 103 Immigration Benefit Requests; USCIS Filing Requirements; Biometric Requirements; Availability of Records
• 8 CFR 204 Immigrant Petitions
• 8 CFR 207 Admission of Refugees
• 8 CFR 208 Procedures for Asylum and Withholding of Removal
• 8 CFR 209 Adjustment of Status of Refugees and Aliens Granted Asylum
• 8 CFR 210 Special Agricultural Workers
• 8 CFR 212 Documentary Requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible Aliens; Parole
• 8 CFR 214 Nonimmigrant Classes
• 8 CFR 215 Controls of Aliens Departing from the United States; Electronic Visa Update System
• 8 CFR 216 Conditional Basis of Lawful Permanent Residence Status
• 8 CFR 235 Inspection of Persons Applying for Admission
• 8 CFR 236 Apprehension and Detention of Inadmissible and Deportable Aliens; Removal of Aliens Ordered Removed
• 8 CFR 240 Voluntary Departure, Suspension of Deportation and Special Rule Cancellation of Removal
• 8 CFR 244 Temporary Protected Status for Nationals of Designated States
• 8 CFR 245 Adjustment of Status to That of Person Admitted for Permanent Residence