Government agencies inevitably turn enforcement responsibilities into opportunities to extend the security state. Every initiative to document, monitor, track, or otherwise spy on Americans starts with a mandate to ensure that people are obeying some rule or law. So it is with immigration policies, which fuel government efforts to gather biometric information not just on those who want to enter the country, but on citizens born and raised here. Fortunately, the scheme is getting pushback.

Massive Data Sweep Hiding in a Proposed Rule Change

On November 3 of last year, the Department of Homeland Security (DHS) proposed a rule change allowing its agents to gather and store more biometric data on anybody associated with applications for “benefits” including family visas, Permanent Resident (green) Cards, and work permits. The DHS summary of the rule states, in part:

DHS proposes to require submission of biometrics by any individual, regardless of age, filing or associated with an immigration benefit request, other request, or collection of information, unless exempted; expand biometrics collection authority upon alien arrest; define “biometrics;” codify reuse requirements; codify and expand DNA testing, use and storage; establish an “extraordinary circumstances” standard to excuse a failure to appear at a biometric services appointment…

According to the proposal, the purpose of gathering biometric data, including fingerprints, photographs, signatures, voice prints, ocular images, and DNA (which is heavily emphasized by DHS) is “identity management” to verify that people are who they say they are.

Immigrants aren’t especially popular in certain U.S. circles at the moment, or perhaps it’s more accurate to say that leniency towards those who want to enter the country is unpopular. But the rule change also ropes in lots of Americans. The proposal specifies that “by ‘associated,’ DHS means a person with substantial involvement or participation in the immigration benefit request, other request, or collection of information, such as a named derivative, beneficiary, petitioner’s signatory, sponsor, or co-applicant.”

As attorneys Alessandra Carbajal, Lee Gibbs Depret-Bixio, and Ryan Mosser  note in an analysis, the new rule would affect not just immigrants but “U.S. citizens, nationals, and lawful permanent residents, regardless of age.” They add that “signatories for employers that serve as sponsors/petitioners may potentially be subject to biometrics requirements. This would mark a departure from current practice, where only foreign nationals seeking benefits typically provide biometrics.”

“This data collection would not be limited to just immigrants, it would also impact millions of American citizens,” agrees Institute for Justice (I.J.) attorney Tahmineh Dehbozorgi. “DHS is claiming this DNA collection is meant to serve one narrow purpose, but realistically, it is creating a vast genetic dragnet that endangers the Fourth Amendment rights of everyone, all without Congress’ approval.”

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