Trump administration seeks to expand biometric data collection from immigration applicants

 

The US Department of Homeland Security (DHS) has put forth a sweeping new rule that would dramatically change the collection and use of biometric data from individuals applying for immigration benefits, visas, or naturalisation.

Key Changes in Biometric Collection

The proposal significantly broadens the definition of biometrics and expands who is required to submit them.

• Expanded Scope of Biometrics: Beyond traditional fingerprints and photographs, the DHS proposal includes:

o Facial imagery

o Iris and retina scans

o Palm prints

o Voice samples

o Signatures

o Partial DNA profiles (which the DHS states may be required to verify biological relationships for family-based petitions).

• Mandatory Submission Regardless of Age: The rule would require nearly any individual filing or associated with an immigration-related application to submit biometrics, regardless of their age, unless specifically exempted. This applies to a wide range of people, from visa applicants to those seeking permanent residency or citizenship.

DHS Justification and Authority

The DHS contends this move is necessary to modernize identity verification, improve background checks, and strengthen "continuous vetting" for all immigration applicants.

• Collection Beyond Application: The DHS is also seeking authority to collect biometrics not only during the initial processing but also when a non-citizen is arrested or encountered by immigration officers.

• Legal Basis: The proposal cites the Immigration and Nationality Act (INA), which grants DHS broad authority to collect, store, and use biometric information for immigration enforcement and benefit administration.

• Screening US Citizens: The DHS also highlighted its authority to collect biometrics from US citizens and lawful permanent residents who are petitioners for family-based petitions. This is to determine if they have been convicted of certain crimes, as required by laws like the Adam Walsh Act and the International Marriage Broker Regulation Act, which aim to screen out petitioners convicted of specific offenses against minors.