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|DHS/USCIS||RIN: 1615-AC14||Publication ID: Fall 2020|
|Title: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services|
On September 11, 2020, the Department of Homeland Security (DHS) proposed 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 also proposed 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 also provided a definition to the public on the term biometric and how biometrics will be used in the immigration process. DHS is reviewing public comments and preparing to issue a final rule.
|Agency: Department of Homeland Security(DHS)||Priority: Economically Significant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Final Rule Stage|
|Major: Yes||Unfunded Mandates: No|
|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)|
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.
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 any associated fees. 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.
|Regulatory Flexibility Analysis Required: Yes||Government Levels Affected: None|
|Small Entities Affected: Businesses, Organizations||Federalism: No|
|Included in the Regulatory Plan: Yes|
|RIN Data Printed in the FR: Yes|
Michael J. McDermott
Division Chief, Security and Public Safety Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009