DHS Rescinds Proposed Biometrics Rule

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By: Brittany Simmons

The Department of Homeland Security (DHS) withdrew a proposed rule that would have expanded DHS’s authority to gather biometrics by removing age restrictions and requiring biometrics to be submitted for every individual filing, including for every applicant, petitioner, sponsor, and beneficiary. The proposed rule also would have given DHS the authority to use additional biometric test types and would have codified the agency’s ability to use DNA test results.

The proposed rule was originally announced on September 11, 2020. DHS’s decision to withdraw the rule is consistent with the Biden Administration’s Executive Order 14012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” The order calls on US government agencies to reduce barriers to legal immigration.

DHS will continue to require biometric submissions when appropriate.

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The Chugh, LLP immigration team will continue to monitor policy developments and release new information as it becomes available.

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