DHS finalizes biometric entry and exit collection for aliens
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
DHS finalized rules permitting biometric collection from aliens entering and departing the United States, including photographs for all aliens and additional biometrics for non-exempt aliens, and removed pilot/port limitations for departure collection.
Conditions and exceptions
Validated condition or limit: DHS finalized rules permitting biometric collection from aliens entering and departing the United States, including photographs for all aliens and additional biometrics for non-exempt aliens, and removed pilot/port limitations for departure collection.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
This final rule amends Department of Homeland Security (DHS) regulations to provide that DHS may require all aliens to be photographed when entering or exiting the United States, and may require non-exempt aliens to provide other biometrics. The final rule also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure. In addition, DHS is requesting comments on the specific collection process as well as costs and benefits for new … be required to be photographed to determine the alien's identity, admissibility, and whether immigration status in the United States has been properly maintained. Like the collection of photographs upon departure, the exemptions provided in 8 CFR 235.1(f)(1)(ii), redesignated as 8 CFR 235.1(f)(1)(iii) and revised by this final rule, will no longer pertain to the collection of photographs from aliens seeking admission and will only apply to the collection of other biometrics. As noted above, DHS is retaining the exemptions in 8 CFR 215.8 and 235.1(f) [41] for the collection of biometrics other … Departing the United States and Other Minor Conforming and Editorial Changes DHS is amending 8 CFR 215.8(a) to expand where the collection of biometrics may be required. Prior to the effective date of this final rule, 8 CFR 215.8(a)(1) provided that biometrics may be collected from aliens only when departing “the United States from a designated port of entry.” As described above, this final rule adds new paragraph 8 CFR 215.8(a)(1) and redesignates 8 CFR 215.8(a)(1) as 8 CFR 215.8(a)(2). Both new paragraph 8 CFR 215.8(a)(1) and redesignated paragraph 8 CFR 215.8(a)(2) now provide that biometrics may be collected from aliens “when departing the United States” from any location. This amendment is necessary to allow for the collection of biometrics from individuals upon departure at locations other than from a designated port of entry.[42] Although the majority of travelers depart the United States from a designated port of entry, a few travelers depart the country from locations that are not designated as ports of entry, including airports such as Ronald Reagan Washington National Airport [43] as well as other locations such as pleasure boat docks that are not designated ports of entry. … To ensure the implementation of a biometric entry-exit system that tracks all individuals departing the United States, DHS may require aliens to provide biometrics upon departure from designated ports of entry or from any other location. In addition, DHS is making certain minor conforming and editorial changes in 8 CFR 215.8 and 235.1(f). In 8 CFR 215.8, DHS is redesignating paragraphs (a)(1) and (2) as paragraphs (a)(2) and (3), and revising cross-references and adding paragraph headings as necessary. In § 235.1(f), DHS is redesignating paragraphs (f)(1)(ii), (iii), and (iv) as paragraphs (f) …
Review method
Two separate automated exact-claim source reviews
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