DHS Withdraws Proposed Biometrics Rule

On May 7, 2021, the Department of Homeland Security (DHS) announced its decision to withdraw a proposed rule concerning the use and collection of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). The rule, originally proposed on September 11, 2020, would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; by 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 unless DHS waived or exempted the biometrics requirement; by codifying the authority to use or require DNA test results; and by authorizing the use of additional types of biometric modalities.

The withdrawal of the proposed rule is consistent with President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which prioritizes reducing barriers and undue burdens in the immigration system. DHS maintains that it will continue to require submission of biometrics where appropriate and remains committed to national security, identity management, fraud prevention and program integrity.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration matter, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.