Heather Scavone on USCIS Biometrics
I had the pleasure of attending the University of Baltimore Law Review's Symposium titled The Great Regression: Immigration Law in Crisis. One of the most memorable presentations of the day came from the last speaker on the last panel: Heather Scavone, Former USCIS associate counsel (and former Elon clinician), Heather spoke about a rule amendment proposed in November (with comments closed in January) regarding Collection and Use of Biometrics by U.S. Citizenship and Immigration Services. Look for her article in print when it comes out. For now, let me give you some of the lowdown.
The proposed rule would define "biometrics" in a BROAD way at 8 C.F.R. § 1.2:
"Biometrics means the measurable biological (anatomical, physiological and molecular structure) or behavioral characteristics of an individual. Modalities meeting this definition of biometrics include but are not limited to DHS-approved: facial imagery (digital image, specifically for facial recognition and facial comparison), prints (including fingerprints and palm prints), signature (handwritten), ocular imagery (to include iris, retina, and sclera), voice (including voice print, vocal signature, and voice recognition), and DNA (partial DNA profile)."
(emphasis added).
Moreover, the proposed rule would expand who biometrics should be obtained (a retained) FROM at 8 C.F.R. § 103.16(A)(1):
Any individual filing or associated with a benefit request, other request, or collection of information as described in this chapter must submit biometrics to DHS unless exempted. Individuals subject to this requirement include, but are not limited to, applicants, petitioners, sponsors, supporters, derivatives, dependents, and beneficiaries of a request, and may include U.S. citizens, U.S. nationals, and lawful permanent residents.
Just a little further down at proposed 103.16(A)(3):
DHS may require an individual to submit biometrics more than once or, at its discretion, reuse previously submitted biometrics.
Wow. Ok. Major Gattica vibes.
