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DHS/USCIS RIN: 1615-AC14 Publication ID: Fall 2019 
Title: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services  
Abstract:

The Department of Homeland Security (DHS) will propose to update its regulations to eliminate multiple references to specific biometric types, and to allow for the expansion of the types of biometrics required to establish and verify an identity. DHS will also propose to modify age restrictions where they exist to detect, deter, or prevent human trafficking of children; establish consistent identity enrollment and verification policies and processes; and align U.S. Citizenship and Immigration Services (USCIS) biometric collection with other immigration operations. The DHS proposal will provide a definition to the public on the term biometric and how biometrics will be used in the immigration process.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 1    8 CFR 103    8 CFR 204    8 CFR 207 to 210    8 CFR 212    8 CFR 214    8 CFR 216    8 CFR 235 and 236    8 CFR 240    8 CFR 244    8 CFR 245 and 245(a)    8 CFR 264    8 CFR 287    8 CFR 316    8 CFR 333    8 CFR 335   
Legal Authority: 8 U.S.C. 1103(a)    8. U.S.C. 1444 to 1446    8 U.S.C. 1365a and 1365b    8 U.S.C. 1304(a)    Pub. L. 107-56    Pub. L. 107-173    Pub. L. 109-248, sec. 402(a) and 402(b)   
Legal Deadline:  None

Statement of Need:

As DHS seeks to better secure the immigration process by confirming the identity of individuals encountered, the use of biometrics needs to be expanded to account for different methods of biometric collection beyond fingerprints and to remove age restrictions.

 

 

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

DHS expects that the public will incur costs due to the increased collection of biometrics and the expansion of the types of biometrics required to establish and verify an identity. There will be a significant increase in the number of petitioners both (i) submitting biometrics and (ii) paying the $85 service fee. The anticipated costs to the public submitting biometrics are associated with biometric fees and travel costs, and the opportunity cost of time in completing and filing required forms and the time associated with travel. There would also be some costs to the government involved in expanding biometrics equipment infrastructure. DHS anticipates benefits to those individuals seeking immigration benefits and to the government as the proposed rule is conducive to and compatible with the evolution towards a system of continuous vetting, person-centric record keeping, and reliance on electronic records.

Risks:

Timetable:
Action Date FR Cite
NPRM  01/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Lee Bowes
Deputy Associate Director, Immigration Records and Identity Services Directorate
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW,
Washington , DC 20529
Phone:202 272-8377
Fax:202 272-1480
Email: lee.f.bowes@uscis.dhs.gov