Proposed Rule to Expand Invasive Biometric Data Collection Violates Immigrant Children's Rights
On Tuesday, October 13, 2020, the Young Center submitted a public comment opposing a proposed rule entitled “Collection and Use of Biometrics by U.S. Citizenship and Immigration Services” published by the Department of Homeland Security on September 11, 2020.
If implemented, the proposed rule would require the collection of an unprecedented amount of biometric data from immigrant children and their families and violate the privacy rights of children. DHS has not adequately explained why there is a need for this broad expansion of biometric data collection, nor has it made any notable attempt to outline what steps would be taken to protect this data, delineate clearly when and who could have access to children’s biometric information, or provide a timeframe for when such data would be destroyed.
The proposed rule, if implemented, would significantly infringe upon the privacy rights of children and their family members, subjecting them to unlawful and unnecessary surveillance. First, it expands the definition of “biometrics” and the scope of biometric information to be collected. Under the new definition, DHS will collect iris scans, facial images, palm prints, and, in some cases, DNA test results, including partial DNA samples. At present, Customs and Border Protection only collects fingerprints and photographs of children who are age 14 and older. The proposed rule would allow collection of biometric data regardless of age when issuing Notices to Appear (NTAs).
The proposed rule ignores the unique vulnerabilities and needs of children. Immigrant children arrive at our borders after fleeing persecution, trafficking, abuse, and other violent and traumatic events--in many cases at the hands of or by the acquiescence of law enforcement officials. Under the proposed rule, after arriving at our border the children will be subjected to processes including fingerprinting, scans, swabs, and even blood samples, most of which would be gathered by a law enforcement agency. Children are likely to be appropriately concerned, intimidated, scared and even traumatized by these processes, especially if they are alone or have been separated from trusted adults. We therefore anticipate that children will be adversely affected by a process that to the best of our knowledge remains entirely unnecessary.
In addition, the proposed rule would remove the assumption of “good moral character” for trafficking visa applicants under the age of 14. This is cruel and out of step with our national values. T non-immigrant status (“T status”) is designed to offer survivors of a severe form of trafficking or attempted trafficking humanitarian immigration relief. Ignoring that purpose, the proposed rule would require applicants for T status, including children and regardless of age, to submit to invasive biometrics collection in order to establish “good moral character.” Most cruelly, the proposed rule would remove the presumption of good moral character for T status applicants under the age of 14. Instead, DHS would use biometrics to “obtain the self-petitioner's criminal history.” The rule presumes some sort of underlying criminal activity or intent—including for child survivors of trafficking.
For these reasons and a myriad of other ways in which the proposed rule would violate children’s best interests, we’ve called on DHS to rescind it in its entirety.