Civil and digital rights experts are horrified by a proposed rule change that would allow the Department of Homeland Security to collect a wide range of sensitive biometric data on all immigrants, without age restrictions, and store that data throughout each person’s “lifecycle” in the immigration system.
If adopted, the rule change would allow DHS agencies, including Immigration and Customs Enforcement (ICE), to broadly collect facial imagery, finger and palm prints, iris scans, and voice prints. They may also request DNA, which DHS claimed “would only be collected in limited circumstances,” like to verify family relations. These updates would cost taxpayers $288.7 million annually, DHS estimated, including $57.1 million for DNA collection alone. Annual individual charges to immigrants submitting data will likely be similarly high, estimated at around $231.5 million.
Costs could be higher, DHS admitted, especially if DNA testing is conducted more widely than projected.
“DHS does not know the full costs to the government of expanding biometrics collection in terms of assets, process, storage, labor, and equipment,” DHS’s proposal said, while noting that from 2020 to 2024, the US only processed such data from about 21 percent of immigrants on average.
Alarming critics, the update would allow DHS for the first time to collect biometric data of children under 14, which DHS claimed would help reduce human trafficking and other harms by making it easier to identify kids crossing the border unaccompanied or with a stranger.
Jennifer Lynch, general counsel for a digital rights nonprofit called the Electronic Frontier Foundation, told Ars that EFF joined Democratic senators in opposing a prior attempt by DHS to expand biometric data collection in 2020.
There was so much opposition to that rule change that DHS ultimately withdrew it, Lynch noted, but DHS confirmed in its proposal that the agency expects more support for the much broader initiative under the current Trump administration. Quoting one of Trump’s earliest executive orders in this term, directing DHS to “secure the border,” DHS suggested it was the agency’s duty to use “any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security.”
