Department of Homeland Security Proposed Rule on Use and Collection of Biometrics to include US Citizens

Department of Homeland Security (DHS) proposed a rule on the use and collection of biometrics in the enforcement and administration of immigration laws. Under the new rule DHS would be authorized to collect biometrics from any individual in connection with an immigration benefit including U.S. citizens, U.S. Permanent Residents, and foreign nationals who have already been screened previously. DHS would also be able to use DNA testing, new biometrics technologies including voice, iris, and facial recognition in addition to its existing biometric practices, which include collecting fingerprints and signatures of immigrants. 

While biometric technology was previously used for background checks only, the new rule suggests collection should be required for identity enrollment, verification, and management and the production of secure identity documents.  The language of the rule leaves room for more purposes, broadly stating, “other functions related to administering and enforcing the immigration and naturalization laws.” 

According to DHS’ estimate, the rule change would increase the population of people submitting biometric information from 3.90 million to 6.07 million. The collection rate across all types of forms would increase from 46% to over 70%. 

Comments on the rule are due on 10/13/20, with comments on associated proposed form revisions due 11/10/20. Drafts of the proposed form revisions can be viewed in the docket folder for the proposed rule on the regulations.gov site. (85 FR 56338, 9/11/20)