ACTION ALERT: Take a Stand against the Expansion of Invasive Biometric Data Collection from Immigrant Children and Families

Background

On September 11, 2020, U.S. Citizenship and Immigration Service (USCIS) proposed a rule which requires the collection of an unprecedented amount of biometric data from immigrant children and their families. The proposed changes are both complex and invasive and violate the privacy rights of children. DHS has not adequately explained why there is a need for this broad expansion of biometric data collection, nor has it made any notable attempt to outline what steps would be taken to protect this data, delineate clearly when and who could have access to immigrant children’s biometric information, or provide a timeframe for when such data would be destroyed. In addition to these invasive and unnecessary changes, the proposed rule would remove the presumption of “good moral character” for trafficking visa applicants under the age of 14, claiming instead that DHS will “be able to obtain the self-petitioner's criminal history using the biometrics.” In doing so, the proposed rule robs children who have survived trafficking from the right to be recognized and treated as children.

Join us in opposing the rule to defend immigrant children and families by submitting a comment.

Take a stand: Submit a comment now

Click here to submit a comment. The deadline to submit a comment is Tuesday, October 13, 2020 at 11:59pm ET.

The government will only respond to unique comments, so it is important to put your thoughts into your own words. Immediately below is sample language—a “comment template”—that you can use to create your own comment. We encourage you to revise the template to highlight your own concerns and include any experiences, perspectives, and values that inform your opinions. Please remember that if you have served as a Child Advocate you cannot share children’s stories, though you may discuss how volunteering as a Child Advocate has impacted you.

Comment Template:

This comment is submitted in opposition to the Proposed rulemaking: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services; RIN 1615-AC14 / EOIR Docket No. 19-0007 / CIS No. 2644-19 published in the Federal Register on September 11, 2020.

[If applicable, add information about your personal and/or professional experience and how it informs your opinion.]

I oppose the proposed rule and demand that it be withdrawn in its entirety because if implemented, it would seriously infringe upon the privacy rights of immigrant children and their family members, subjecting them to unlawful and unnecessary surveillance. The purposed rule is specifically harmful to children and the survivors of domestic violence and trafficking because forcing these marginalized and vulnerable populations to submit to invasive biometrics collection is dangerous and retraumatizing.

I also oppose the proposed rule’s attempt to remove the assumption of “good moral character” for survivors of trafficking who are under the age of 14. Most children facing trafficking or abuse are not able to challenge those exploiting them, and may be forced into illegal or “immoral” acts. Children who have survived trafficking are often afraid to speak up about abuse they have suffered, have few opportunities to access trusted adults, or may be unaware that their situation is abusive due to manipulation and grooming. By removing the assumption of “good moral character” for children under 14, the proposed rule further implies that all children knowingly and willingly participate in criminal or immoral activity. The very notion that children should have to prove their “good moral character” goes against our values as a society that offers protection and care to victims, particularly children.

More specifically, I object to the rule for the following reasons:

[Insert your own points as to why you oppose the rule. Consider drawing from the points below and putting these in your own words.]

Suggested reasons to oppose the proposed rule

• The proposed rule expands the definition of “biometrics” and the scope of biometric information to be collected. Under the new definition, DHS will collect iris scans, facial images, palm prints, and, in some cases, DNA test results, including partial DNA samples. The indiscriminate collection of this data is a clear violation of the privacy of immigrant children and families.

• Expanding biometric data collection to young children unnecessarily puts children’s mental health at further risk. Young children arrive at our borders having fled trauma and violence. The collection of this array of data using unfamiliar machines or technology can be very scary for children, who may perceive they are being harmed.

• Personal data about children is particularly sensitive and should be subject to additional protections, especially given children’s inability to understand and consent to such data collection. The proposed rule lacks a right to refuse biometric data collection and there are no special provisions regarding the processing of children’s data.

• The accuracy of biometric data varies substantially, especially for children, which can lead to misidentification. Children’s biometrics are still in development and only becoming more stable at age 15. The technology was designed to work with adults and may not perform as well when used with children. Inaccuracies can result in potential exclusion from important services and create additional barriers for children. Some of the technologies specifically proposed, such as the use of facial recognition technology, have already been scientifically shown to sometimes be inaccurate and discriminatory, including against children of color. By proposing to remove all age limitations on restrictions on biometric collection, the rule places children at a heightened risk of being misidentified.

• DHS fails to justify why systematic DNA testing for verification of family relationships is necessary especially given the risks to children. DHS argues that expanded biometric data collection, including DNA testing, will assist with identifying so called “fraudulent families” in which an adult crosses the border with an unrelated child in an effort to gain immigration benefits. However, the government’s own data shows that “fraudulent families” are exceedingly rare.

• Increased reliance on DNA for verification of family units will lead to increased separations of children from caregivers because families include people who may or may not be genetically related to one another.

• Given the lack of privacy protections and the discretion to share data, survivors of violence and trafficking may be subject to further harm. The potential for information-sharing between state/federal law enforcement and immigration agencies suggests that sensitive information could fall into the wrong hands. This risk is exacerbated by data-sharing agreements, including with the countries those seeking safety could be fleeing.

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