Uncle Sam wants to scan your iris and collect your DNA, citizen or not

If you’re filing an immigration form – or helping someone who is – the Feds may soon want to look in your eyes, swab your cheek, and scan your face. The US Department of Homeland Security wants to greatly expand biometric data collection for immigration applications, covering immigrants and even some US citizens tied to those cases.

DHS, through its component agency US Citizenship and Immigration Services, on Monday proposed a sweeping expansion of the agency’s collection of biometric data. While ostensibly about verifying identities and preventing fraud in immigration benefit applications, the proposed rule goes much further than simply ensuring applicants are who they claim to be.

First off, the rule proposes expanding when DHS can collect biometric data from immigration benefit applicants, as “submission of biometrics is currently only mandatory for certain benefit requests and enforcement actions.” DHS wants to change that, including by requiring practically everyone an immigrant is associated with to submit their biometric data. 

“DHS proposes in this rule that any applicant, petitioner, sponsor, supporter, derivative, dependent, beneficiary, or individual filing or associated with a benefit request or other request or collection of information, including U.S. citizens, U.S. nationals and lawful permanent residents, and without regard to age, must submit biometrics unless DHS otherwise exempts the requirement,” the rule proposal said. 

DHS also wants to require the collection of biometric data from “any alien apprehended, arrested or encountered by DHS.” 

It’s not explicitly stated in the rule proposal why US citizens associated with immigrants who are applying for benefits would have to have their biometric data collected. DHS didn’t answer questions to that end, though the rule stated that US citizens would also be required to submit biometric data “when they submit a family-based visa petition.” 

Give me your voice, your eye print, your DNA samples

In addition to expanded collection, the proposed rule also changes the definition of what DHS considers to be valid biometric data. 

“Government agencies have grouped together identifying features and actions, such as fingerprints, photographs, and signatures under the broad term, biometrics,” the proposal states. “DHS proposes to define the term ‘biometrics’ to mean ‘measurable biological (anatomical, physiological or molecular structure) or behavioral characteristics of an individual,'” thus giving DHS broad leeway to begin collecting new types of biometric data as new technologies are developed.

The proposal mentions several new biometric technologies DHS wants the option to use, including ocular imagery, voice prints and DNA, all on the table per the new rule. 

“The rule proposes to grant DHS express authority to require, request, or accept raw DNA or DNA test results,” DHS said, including “to prove or disprove … biological sex” in situations where that can affect benefit eligibility. 

DHS wants to use all that data for identity enrollment, verification and management of the immigration lifecycle, national security and criminal history checks, “the production of secure identity documents,” to prove familial relationships, and to perform other administrative functions, the rule states.

As we noted in our story last week about DHS’ new rule expanding biometric data collection on entry into and exit from the US, biometric technology – especially the often-used facial recognition scan – is ripe for misuse and prone to errors. 

This new proposed rule goes far beyond subjecting immigrants to algorithmic identification tech prone to misidentifying non-white individuals, however, and reaches a new level of surveillance, with DHS seeking to collect and keep DNA test results – including partial profiles – from immigrants and some US citizens to verify family ties or biological sex when relevant. It’s not much more assuring that DHS also wants to collect new forms of biometric data like voice records, which are increasingly easy to spoof with AI.

When we asked DHS questions about its biometric expansion proposal, it only sent us a statement identical to the one it sent last week when we inquired about the new entry/exit biometric requirements. The agency didn’t respond when we asked for a statement pertaining to this latest proposed rule. 

DHS is taking comments on the proposal until January 2; so far the submissions are nearly entirely negative, with posters decrying the plan as government overreach, comparing the proposal to communist China, and calling it a violation of Constitutional guarantees against unreasonable search and seizure. ®

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