118 HR 4546 IH: Biometric Verification for Entry and Reconfirming Identity with Forensics Act of 2023
U.S. House of Representatives
2023-07-11
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I
118th CONGRESS
1st Session
H. R. 4546
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Mr. Gooden of Texas (for himself, Mr. Ellzey, Mr. Donalds, Mr. Babin, and Mrs. Miller of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act to expand the requirements for the collection of biometric data, and for other purposes.
1.

Short title
This Act may be cited as the “Biometric Verification for Entry and Reconfirming Identity with Forensics Act of 2023” or the “B–VERIFY Act of 2023”.
2.

Collection of biometric information for immigration benefits
(a)

In general
Title I of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 106 the following:
“107.

Collection of biometric information
(a)

Requirement for immigration benefits
Each individual, whether an alien (including a VAWA self-petitioner and an alien admitted or seeking admission under section 101(a)(15)(T)) or a national of the United States, who files or is the proposed beneficiary of an application or petition for an immigration benefit, shall provide biometric information to the Secretary of Homeland Security or Secretary of State, at a time and in a manner prescribed by the applicable Secretary.
(b)

Collection from aliens apprehended by CBP, ICE, or USCIS
(1)

In general
The Secretary of Homeland Security shall collect biometric information from each alien, including children, encountered by U.S. Customs and Border Protection, Immigration and Customs Enforcement, or U.S. Citizenship and Immigration Services.
(2)

DNA test results
In carrying out the collection of biometric information under paragraph (1), the Secretary shall collect DNA test results, which include a partial DNA profile, for the purpose of determining the existence of a claimed genetic relationship. The Secretary shall use and store such DNA test results for an associated adjudication or to perform any other functions necessary for administering and enforcing the immigration laws.
(c)

Authorized uses of biometric information
The Secretary shall use biometric information collected under this section—
(1)
to perform criminal history and national security background checks;
(2)
for identity enrollment, verification, and management in the immigration lifecycle;
(3)
for secure document production associated with certain immigration and naturalization benefits or actions; and
(4)
to administer and enforce the immigration laws.
(d)

Limitation on issuance of benefits
The Secretary may not provide an immigration benefit, and the Secretary of State may not issue a visa, to an alien prior to the collection of biometric information under subsection (a).” .
(b)

Clerical amendment
The table of contents of the Immigration and Nationality Act is amended by inserting after the item related to section 106 the following:
“107. Collection of biometric information.” .
3.

Biometric defined
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
“(53)
The term biometric means a measurable biological (anatomical and physiological) or behavioral characteristic used for identification of an individual, and includes—
(A)
a fingerprint;
(B)
a palm print;
(C)
a photograph (including a facial image specifically for facial recognition, as well as a photograph of a physical or anatomical feature such as a scar, skin mark, or tattoo);
(D)
a signature;
(E)
a voice print;
(F)
an iris image; and
(G)
DNA (including DNA test results, which include a partial DNA profile attesting to genetic relationship).” .
4.

Unaccompanied alien children
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
(1)
in subsection (c)—
(A)
in paragraph (3), by inserting at the end the following:
“(C)

Background checks of individuals with whom children are placed
Before placing a child with an individual, the Secretary of Health and Human Services shall conduct a background check on such individual, which background check shall include each of the following:
(i)
A public records check.
(ii)
A check using the Dru Sjodin National Sex Offender Public Website.
(iii)
A National Criminal History Background Check, which shall be conducted by the Federal Bureau of Investigation, based on digital fingerprints or digitized paper prints.
(iv)
A Child Abuse and Neglect (CA/N) check.
(v)
A State criminal history repository or local law enforcement check.
(D)

Information about individuals with whom children are placed
(i)

Information to be provided to homeland security
Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information:
(I)
The name of the individual.
(II)
The social security number of the individual.
(III)
The date of birth of the individual.
(IV)
The location of the individual’s residence where the child will be placed.
(V)
The immigration status of the individual, if known.
(VI)
Contact information for the individual.
(ii)

Special rule
In the case of a child who was apprehended on or after June 15, 2012, and before the date of the enactment of this subparagraph, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after such date of enactment.
(iii)

Activities of the secretary of homeland security
Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall—
(I)
in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and
(II)
upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.).”; and
(B)
in paragraph (5)—
(i)
by inserting after “to the greatest extent practicable” the following: “(at no expense to the Government)”; and
(ii)
by striking “have counsel to represent them” and inserting “have access to counsel to represent them”; and
(2)
by adding at the end the following:
“(j)

Sanctions
In the case of an unaccompanied alien child who arrives at any international border of, port of entry to, or place between any ports of entry to, the United States—
(1)
an alien parent or guardian, other than an alien admitted for lawful permanent residence, of such a child shall be—
(A)
permanently barred from adjusting status to that of an alien lawfully admitted for permanent residence and becoming a naturalized citizen of the United States;
(B)
deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182); and
(C)
deemed to have committed an offense described in paragraph (1)(A) of section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); or
(2)
an alien parent or guardian, who is an alien admitted for lawful permanent residence, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).”.
5.

Collaboration with foreign governments
The Secretary of Homeland Security shall improve collaboration and coordination with foreign governments and the Biometric Identification Transnational Migration Alert Program (commonly referred to as “BITMAP”) or any successor database, in order to deter and detect immigration and asylum fraud.
6.

Notification about fraudulent potential sponsors of unaccompanied alien children
The Secretary of Health and Human Services shall notify Immigration and Customs Enforcement and any appropriate law enforcement agency, and deny the placement of an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)) with a potential sponsor if the potential sponsor—
(1)
claims to have familial relationship to the unaccompanied alien child, but fails a DNA test, and is otherwise unable to prove such relationship beyond a reasonable doubt; or
(2)
provides a false document to confirm the potential sponsor’s identity.
7.

Federal agencies to notify ICE of unlawfully present aliens
If an alien presents a document to an officer or employee of the Federal Government for purposes of identification, which document indicates that the alien is unlawfully present in the United States, the officer or employee shall promptly notify Immigration and Customs Enforcement. Upon receiving a notification under this section, Immigration and Customs Enforcement shall promptly place the alien in removal proceedings.