Rule would have allowed government to demand eye scans, DNA and other data from immigrants.
The Department of Homeland Security has withdrawn a proposed Trump era rule that would have greatly expanded the biometric data collected from those seeking to come to the US.
DHS Friday announced its decision to withdraw the proposed rule, originally published on Sept. 11, 2020, in a Federal Register notice, quashing a policy that would have allowed the government to demand eye scans, DNA and other data from immigrants.
The rule sought to remove age restrictions requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request from immigrants.
The withdrawal is consistent with President Joe Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, and additional administration priorities to reduce barriers and undue burdens in the immigration system, USCIS said.
READ: USCIS suspends biometric requirement for H4 EAD renewal (May 5, 2021)
DHS will continue to require submission of biometrics where appropriate and remains committed to national security, identity management, fraud prevention and program integrity, it said.
The Trump era proposal never took effect, but immigration advocates were unnerved when the Biden administration earlier this year reopened the rule for comment, fueling concern the new administration would seek a similar pathway, The Hill reported.
“This was one part of a multipart effort by the Trump administration to dramatically expand the personally identifiable information collected from noncitizens during their four years in office, but this was by far the most sweeping one,” Jorge Loweree, policy director for the American Immigration Council was quoted as saying.
“It would have doubled the population of people subjected to biometric collection every year and radically redefined what biometrics are in the immigration context, taking it from fingerprints to include DNA, palm prints, iris scans and including technologies that have yet to be proven effective and that are not fully understood by the general population,” he noted.
READ: Biometrics requirement lengthens H4 EAD processing time considerably (August 12, 2019)
Under the Trump proposal, anything from palm prints to voiceprints could be collected from those seeking green cards or US citizenship. Such information could also be required from US citizens if DHS needed to establish a family relationship.
The proposal also would have eliminated any age restrictions for collecting biometrics. Under current regulations, biometrics collection is typically restricted to those 14 and older.
But Loweree warned that DHS would have been creating a massive database — one that would be used to track immigrants throughout their application process and even after gaining US citizenship.
“You’d have 6 million peoples’ information collected every year, year over year, and the department could keep that forever, raising significant concerns about secondary uses,” he told the Hill.
RELATED: New USCIS biometric requirement likely to delay H4 approvals (July 2, 2019)
“The Biden administration is right to withdraw this DHS proposal, which would have massively expanded the government’s collection of sensitive biometric identifiers out of all proportion to any legitimate need,” Vera Eidelman, staff attorney with the ACLU’s Speech, Privacy, and Technology Project, said in a statement to The Hill.
“But it also isn’t enough to protect the privacy and dignity of immigrants, their families, and their communities. The Biden administration must also rescind the Trump-era rule requiring forced DNA collection from individuals in immigration detention.”
ALSO READ:
From aging out of H4 visa to AWS Summit panel, Dolica Gopisetty’s extraordinary journey (June 24, 2019)
USCIS says rule-making process to terminate H4 EAD not complete yet: report (June 18, 2019)
H4 work authorization may be next on Trump’s hit list, says Sheela Murthy (March 9, 2017)
H-4 and H-1: Time for Indian immigrants to speak up on immigration policy, says author Amy Bhatt (January 5, 2019)
New bill proposes to let H-1B workers switch jobs, H4 visa holders to work, F-1 holders to apply for green card (September 14, 2018)
End of the road for H-4 EAD program? (April 24, 2018)
Trump administration may soon end H-4 Visa Rule: report (February 1, 2018)
Tech industry urges USCIS not to cancel H-4 spouses’ work permits (January 19, 2018)
Trump to end H-4 EAD program for spouses of H-1B workers (December 15, 2017)
Trump administration asks for more time on H4 work authorization (April 4, 2017)
Regulations on H-4 EAD program on cards; may even be terminated, says Murthy Law Firm (November 24, 2017)
H4 visa-holders’ work authorization is under review: report (February 7, 2017)
H-1B visa exhibition at the Smithsonian: of goddess who gives visa, to women on H4 status in shackles (November 24, 2015)
H4 visa holders start to get EAD work permits from USCIS (June 29, 2015)
Save Jobs USA petition to not issue work permits to H4 visa holders dismissed (May 27, 2015)
DHS starts to accept employment authorization applications from H4 visa holders(May 26, 2015)
COLUMN: Save Jobs USA’s civil complaint against DHS to stop H4 visa holders from getting EAD cards is discriminatory (May 22, 2015)
No work permits for H4 visa holders: lawsuit filed by Save Jobs USA (April 27, 2015)
H4 visa holders can start a business after getting EAD: Sheela Murthy (March 9, 2015)
458,177 H4 visas issued in 6 years between 2008-2013 (February 26, 2015)
COLUMN: EAD cards for H4 visa holders: USCIS needs to give it to all of them(February 24, 2015)
EAD cards for H4 visa holders: green cards better solution, says IEEE-USA (February 24, 2015)
H4 visa holders can apply for EAD cards beginning May 26, 2015 (February 24, 2015)
EAD cards to H4 visa holders: Immigration Voice lauds Barack Obama February 24, 2015
H4 visa: a primer (December 9, 2014)
Final rule on work permits for H4 visa holders by December 2014-January 2015(November 23, 2014)
COLUMN: Obama’s speech has not made anything clear for immigrants waiting for Green Cards, H4 visa holders hoping for work permit (November 21, 2014)
COLUMN: Agony for H4 visa holders, as Obama’s executive action delays work permits (November 21, 2014)
COLUMN: As Republicans take control of the Senate, dream of H4 visa holders to get work permits, expedited Green Cards, is over (November 5, 2014)
Work permits for H4 visa holders will end mental anguish for almost 100,000 spouses in the US (June 10, 2014)
Indian women on H4 visas eager to get back to work (May 8, 2014)
Many H4 visa holders will get work permits this year (May 7, 2014)
DHS proposes to allow limited number of H4 visa holders work permits (April 8, 2014)
For H4 visa holders from India, the X visa all-important (May 26, 2013)
BLOG: The H4 visa conundrum (April 21, 2013)