[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Proposed Rules]
[Pages 24750-24751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09671]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed 
Rules  

[[Page 24750]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

8 CFR Parts 1, 103, 204, 207, 208, 209, 210, 212, 214, 215, 216, 
235, 236, 240, 244, 245, 245a, 264, 287, 316, 333 and 335

[CIS No. 2644-19; DHS Docket No. USCIS-2019-0007]
RIN 1615-AC14


Collection and Use of Biometrics by U.S. Citizenship and 
Immigration Services; Withdrawal

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Homeland Security (DHS) is withdrawing 
a proposed rule that published on September 11, 2020. The notice of 
proposed rulemaking proposed to amend DHS regulations concerning the 
use and collection of biometrics in the enforcement and administration 
of immigration laws by U.S. Citizenship and Immigration Services, U.S. 
Customs and Border Protection, and U.S. Immigration and Customs 
Enforcement.

DATES: DHS withdraws the proposed rule as of May 10, 2021.

ADDRESSES: The docket for this withdrawn proposed rule is available at 
http://www.regulations.gov. Please search for docket number USCIS-2019-
0007.

FOR FURTHER INFORMATION CONTACT: Steven Kvortek, Security and Public 
Safety Division Acting Chief, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, DHS, 5900 Capital Gateway Drive, 
Camp Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free 
number). Individuals with hearing or speech impairments may access the 
telephone numbers above via TTY by calling the toll-free Federal 
Information Relay Service at 1-877-889-5627 (TTY/TDD).

SUPPLEMENTARY INFORMATION: On September 11, 2020, DHS published a 
notice of proposed rulemaking (NPRM or proposed rule) titled 
``Collection and Use of Biometrics by U.S. Citizenship and Immigration 
Services'' in the Federal Register (85 FR 56338). This rule proposed to 
amend DHS regulations concerning the use and collection of biometrics 
in the enforcement and administration of immigration laws by U.S. 
Citizenship and Immigration Services (USCIS), U.S. Customs and Border 
Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). 
DHS is withdrawing the September 11, 2020, NPRM for a number of 
reasons.
    In response to the NPRM, DHS received 5,147 comments during the 30-
day public comment period, and 192 comments on the rule's information 
collection requirements before the comment period ended. Commenters 
consisted of individuals, advocacy groups, legal service providers, 
professional associations, State or local governments, and social 
organizations. The majority of commenters expressed general opposition 
to the rule, mentioning immigration policy concerns, general privacy 
concerns, and economic concerns (both to individuals and communities). 
Many commenters wrote that the rule was unnecessary, offensive, an 
invasion of privacy, would infringe on freedoms, and violate the 
respect, privacy rights, and civil liberties of U.S. citizens, legal 
immigrants, noncitizens, victims of domestic violence, other vulnerable 
parties, and children. Many commenters stated that the rule was overly 
broad, highly invasive, and would impose excessive monetary costs on 
applicants and result in administrative delays in adjudicating 
immigration benefit requests that are already subjected to backlogs and 
long waits.
    Executive Order 14012, ``Restoring Faith in Our Legal Immigration 
Systems and Strengthening Integration and Inclusion Efforts for New 
Americans,'' in section 3(a)(i), instructs the Secretary of Homeland 
Security to identify barriers that impede access to immigration 
benefits. 86 FR 8277, (Feb. 5, 2021) (``E.O. 14012''). Having reviewed 
the public comments received in response to the NPRM in light of 
Executive Order 14012, DHS has decided to withdraw the NPRM. The 
proposed rule was intended to provide DHS with the flexibility to 
change its biometrics collection practices and policies to ensure that 
necessary adjustments can be made to meet emerging needs, enhance the 
use of biometrics beyond background checks and document production to 
include identity verification and management in the immigration 
lifecycle, enhance vetting to lessen the dependence on paper documents 
to prove identity and familial relationships, preclude imposters, and 
improve the consistency in biometrics terminology within DHS. DHS still 
supports the goals of the NPRM to have flexibility in its immigration 
benefit administration biometrics collection practices and policies and 
enhance the use of biometrics for identity verification and management 
but not in a way that conflicts with Executive Order 14012. DHS, USCIS, 
CBP, and ICE remain committed to national security, identity 
management, fraud prevention and program integrity, and will continue 
to require the submission of biometrics where appropriate. See, e.g., 
INA section 333 and 335 (requiring submission of photographs and a 
personal investigation before an application for naturalization may be 
approved); INA section 264(a) (directing the collection of fingerprints 
for the purpose of registering aliens); 8 U.S.C. 1732(b)(1) (requiring 
that alien visas and other travel and entry documents use biometric 
identifiers); 8 U.S.C. 1365a-1365b (requiring creation of a biometric 
data system for national security purposes). DHS may engage in a future 
rulemaking to enhance our biometrics requirements while not hindering 
access to the immigration system and protecting privacy and civil 
liberties.
    However, commenters suggested that the breadth of the biometrics 
submission requirements that were proposed in the proposed rule are 
more than what is necessary to meet the requirements of the 
adjudication of immigration and naturalization benefits. DHS has 
considered the commenters concerns, and believe some of them may be 
justified and require additional deliberation. Accordingly, DHS is 
withdrawing the NPRM and will analyze the entirety of the NPRM in the 
context of the directive in E.O. 14012 and what changes may be 
appropriate and consistent with DHS's needs,

[[Page 24751]]

policies, and applicable law. In the meantime, DHS' current biometrics 
collection practices and policies are sufficient to meet the statutory 
and regulatory requirements for document production and the vetting of 
any applicant, petitioner, sponsor, beneficiary, or individual filing 
or associated with an immigration benefit or request, including United 
States citizens.

Authority

    As stated in the NPRM, DHS has general and specific statutory 
authority to collect or require submission of biometrics from 
applicants, co-applicants, petitioners requestors, derivatives, 
beneficiaries and others directly associated with a request for 
immigration benefits; and for purposes incident to apprehending, 
arresting, processing, and care and custody of aliens. 85 FR 56347. DHS 
is withdrawing the NPRM using those same authorities.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-09671 Filed 5-7-21; 8:45 am]
BILLING CODE 9111-97-P