Consistent with the 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priorities to reduce barriers and undue burdens in the immigration system, the Department of Homeland Security has withdrawn the biometrics rule that was proposed on September 11, 2020.
This proposed rule, among other things, would have significantly expanded department authorities and requirements for collecting biometrics; codified the authority to use DNA test results; and authorized the use of additional types of biometric modalities. The complete proposals under this rule were:
- 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.
- Authorize biometric collection, without regard to age, upon the arrest of an alien for purposes of processing, care, custody, and initiation of removal proceedings.
- Define the term biometrics.
- Increase the biometric modalities that DHS collects, to include iris image, palm print, and voiceprint.
- 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.
- 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.
- 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.
This withdrawal is good news as it reduces barriers and undue burdens in the immigration system. However, please note that DHS will continue to require submission of biometrics where appropriate. Therefore, we always recommend submitting a timely application to avoid any delay associated with biometrics.
If you have questions about the biometrics rule or any immigration-related topic, contact us at ILBSG. We work with you to ensure you get the right advice.