DHS Wants To Harvest Biometric Data From Anyone Helping A Foreigner Stay In This Country Legally

from the eyeballs-please dept

We’ve always known the ultimate goal was to subject everyone to biometric collections, whether it’s at border crossings or international airports. At some point, the tech will move inland and become an annoying part of traveling from Point A to B because national security or whatever the fuck.

The acceleration was a bit more limited during the Biden years, but the desire to turn everyone into data points for government exploitation remained. Now that Trump is back in office, what was previously used to track inherently suspicious foreigners (that would be all the ones that aren’t white) will soon be used to track everyone.

This was first pitched by the DHS back in November, as “Papers Please” reports. Public comments are being accepted, but probably not being welcomed unless they’re sufficiently congratulatory of this expansion of surveillance power. Here’s what Papers Please has to say about it in its recent post:

As part of an array of proposals and rules issued by components of the US Department of Homeland Security to collect a widening array of biometric information and systems from widening categories of individuals, US Citizenship and Immigration Services  (USCIS) is proposing a new rule that would authorize collection of any form of biometric information or samples from anyone, including US citizens, “encountered” by USCIS or “associated with” any applicant for admission to the US, US residency, or US citizenship.

The proposed rule would give USCIS blanket authority, at its discretion, to order any such individual to report to any location worldwide specified by USCIS, and to submit to collection of facial images (“digital image, specifically for facial recognition”), fingerprints, palm prints, iris scans, retinal scans, voice prints, and/or DNA samples.

“Associated with” is a pretty broad term — one that could cover any business employing foreigners or any school accepting applicants with student visas. And that’s not Papers Please editorializing the DHS/USCIS proposal. That’s a direct quote of its Federal Register posting:

The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing
biometrics use and collection. DHS proposes to require submission of biometrics by any individual, regardless of age, filing or associated with an immigration benefit request, other request, or collection of information, unless exempted; expand biometrics collection authority upon alien arrest; define ‘‘biometrics;’’ codify reuse requirements; codify and expand DNA testing, use and storage; establish an ‘‘extraordinary circumstances’’ standard to excuse a failure to appear at a biometric services appointment; modify how VAWA self-petitioners and T nonimmigrant status applicants demonstrate good moral character; and clarify biometrics collection purposes.

This means family members, friends, immigration lawyers, and the above-mentioned schools and businesses could all be expected to submit their biometric information to the DHS. There’s also the weird thing about “good moral character,” which presumably means someone’s character aligns with the current MAGA leadership, no matter its evident lack of good moral character. It also seeks to codify stuff it’s already doing and expand its power to do more of that same stuff elsewhere for other reasons and under other conditions.

The laundry list of people expected to bring their eyeballs, faces, and fingerprints to the DHS is described in a bit more detail later in the DHS proposal:

Using biometrics for identity verification and management will assist DHS’s efforts to combat trafficking, confirm the results of biographical criminal history checks, and deter fraud. Therefore, 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.

If you ask me, this is less about a hunger for data than an attempt to dissuade people from assisting migrants, students, or temporary laborers from seeking a path to permanent residence. Our immigration processes have left us largely unaffected by terrorists or international criminal cartels, despite the government’s persistent (and consistently louder) claims otherwise. A vast majority of immigrants are hardworking, tax-paying people who commit fewer crimes than US citizens.

Then there’s this, which says the DHS will now be allowed to track/reject/kick out applicants based on their sexual identity:

Similarly, under this rule, DHS may expressly require, request, or accept raw DNA or DNA test results (which include a partial DNA profile) as evidence to determine eligibility for immigration and naturalization benefits or to perform any other functions necessary for administering and enforcing immigration and naturalization laws. For example, DHS may request DNA evidence to prove or disprove an individual’s biological sex in instances where that determination will impact benefit eligibility.

Neat. As if this whole shit show needed any more Nazi added to it. As was noted above, the public has been invited to comment on this proposal. But I can almost guarantee you the opposition will be ignored in favor of ensuring the GOP has a Fatherland to rule for the foreseeable future.

Filed Under: biometric collection, biometrics, dhs, ice, immigration, mass deportation, mass surveillance, mission creep, privacy, surveillance, trump administration, uscis