The United States Citizenship and Immigration Services (USCIS), commonly known as the immigration bureau, has updated its policy on “biometric collection for detained individuals,” stating clearly that unless under specific circumstances, the government generally will not collect biometric data for foreign nationals detained.
The USCIS issued an update policy notification on December 5th last week, stating that it is “updating Volume 1, Part C of the USCIS Policy Manual to curb frivolous appeals and ensure consistency in policy operations.”
According to the new regulation, unless the detained foreign national is in the process of deportation by the Department of Homeland Security (DHS) and has pending immigration benefit applications or petitions with the Executive Office for Immigration Review (EOIR), DHS generally will not collect their biometric information (biometrics such as fingerprinting).
The announcement stated that the guidance in the updated policy manual is binding and supersedes any previous guidance on the topic.
The new regulation reiterates that USCIS will not approve requests to collect biometric data for detained foreign nationals or others in facilities similar to DHS or non-DHS detention centers, even if they have pending immigration applications or petitions with USCIS.
The new regulations also include the removal of outdated guidance, explicitly stating that there is currently no agreement authorizing Immigration and Customs Enforcement (ICE) to collect biometrics for USCIS pending immigration benefit applicants.
The regulation confirms that if a foreign national fails to attend their biometric services appointment at the Application Support Center (ASC) under USCIS, USCIS will generally reject their benefits application on the grounds of “abandonment of application.”
In general, when applying for immigration benefits with USCIS, applicants (including foreign nationals, petitioners, beneficiaries, derivative beneficiaries, and sponsors) may be required to personally attend ASC for biometric services appointment to complete identity verification and provide biometric data, such as fingerprints, photos, and/or signature for security and background checks. Failure to attend the ASC appointment without a valid reason submitted to USCIS may result in USCIS considering it as abandonment of the application, petition, or other benefit request.
The announcement declares that the new regulations are effective immediately and apply to benefit applications submitted or pending processing on or after the publication date.
Currently, the DHS is attempting to collect biometric information (fingerprints, facial recognition, iris scans, DNA relationship) of all non-citizens to enhance identity management.