News & Insights

1. Introduction to Biometric Screening in the U.S.

Biometric screening has become an integral part of U.S. immigration and border security. The U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT) collects biometric data, such as fingerprints, from most noncitizens entering or reentering the United States. This program, expanded since 2009, aims to enhance national security and streamline the inspection process at ports of entry.

2. Who Is Subject to Biometric Screening?

Noncitizens Arriving at U.S. Ports of Entry:

• Includes air, sea, and land ports of entry.
• Nonimmigrant visa holders and Visa Waiver Program (VWP) travelers are typically subject to biometric screening.

Lawful Permanent Residents (LPRs):

• LPRs (green card holders) may be subject to biometric checks during reentry.

Asylum Seekers and Refugees:

• Individuals applying for asylum are required to complete biometric screenings as part of their application process.

Exemptions:

• Canadians entering on B-1/B-2 visitor visas for business or tourism.
• Specific categories explicitly exempted by DHS regulations.

3. What Does the Biometric Screening Process Involve?

Data Collection at Ports of Entry:

• Fingerprints and digital photographs are collected from noncitizens entering the U.S.
• The process is conducted at airports, land border crossings, and seaports.

Biometric Screening Abroad:

• U.S. consular posts collect biometric data during visa application processes, ensuring consistency before arrival in the U.S.

Departure Screening (Potential Expansion):

• Regulations allow DHS to collect biometric data upon departure at specific ports.
• Although not universally implemented, this capability exists under 8 C.F.R. § 215.8.

Integration into DHS Systems:

• Collected data is used to verify identities, match against watchlists, and ensure compliance with U.S. immigration laws.

4. Legal Framework for Biometric Screening

Regulations Governing Screening:

• DHS regulations at 8 C.F.R. § 235.1 govern inspection procedures at U.S. borders.
• Biometric data collection regulations are detailed under 8 C.F.R. § 215.8.

Federal Register Notice:

• The expansion of biometric screening was officially detailed in 73 Fed. Reg. 77473 (Dec. 19, 2008).

Legislative Authority:

• The program derives authority from the Immigration and Nationality Act (INA) and other federal statutes supporting national security and immigration control.

5. Why Is Biometric Screening Important for Asylum Seekers?

Identity Verification:

• Ensures accurate identification of asylum seekers and cross-references data with criminal and immigration databases.

National Security:

• Protects against identity fraud and identifies individuals with potential security concerns.

Streamlined Processing:

• Facilitates faster adjudication of asylum applications by ensuring documentation and background checks are thorough.