E-Paper
US govt agency invites comments on proposed biometrics policy for non-citizens
Foreign nationals such as H-1B visa holders could be subject to such biometric collections until they become US citizens.
The US customs and border protection (CBP) has reopened the comment period for the public on the proposed changes to its biometric data collection policies for an additional 30 days. The notice of proposed rulemaking (NPRM) for the department of homeland security (DHS) was originally published on November 19, 2020, which invited the public to provide feedback on the proposed amendments for non-US citizens entering and exiting the country.
What are the proposed changes?
Currently, the CBP may only conduct pilot programs to collect biometrics at exit points, that too at a limited number of airports and seaport and only from a limited population. The proposed amendment would eliminate the references to pilot programs and port limitations in the DHS entry/exit regulations. It would allow the DHS to collect photographs and biometrics from non-US travellers departing from airports, land ports, seaports, or any other authorized point of departure.
The department of homeland security had drafted the regulation to increase the vetting of immigrants by expanding the scope of biometrics collection policies. The proposed regulation will authorise the expansion of methods for collecting biometrics, which will include palm imprints, iris images, voice recognition, and even DNA collection in certain circumstances. Foreign nationals such as H-1B visa holders could be subject to such biometric collections until they become US citizens.
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Ken Cuccinelli, a senior DHS official under Trump administration, had then said that the proposed regulation would reduce the dependence on paper documents and biographic information to prove identity and familial relationships. The proposed rule also authorises the DHS to collect DNA or DNA test results to verify a claimed genetic relationship when the applicant fails to provide sufficient documentary evidence to establish the same.
The draft regulation drew flak from rights groups on the grounds of violations of privacy norms. Andrea Flores, deputy director of immigration policy for the American Civil Liberties Union (ACLU), had said that new rules will make it easier for the government to surveil and target immigrants.
The comment period originally closed on December 21, 2020, but the CBP, under a new administration, has decided to reopen it from February 10 to March 12, 2021. “We welcome the public’s input to the rule as we work to further secure and enhance a touchless, seamless travel experience through facial biometrics,” William A. Ferrara, executive assistant commissioner of field operations, CBP, said in a statement.
