Immigration Overhaul: Biometric Expansion and Asylum Fee Pause

Investigating the Latest Immigration Overhauls

Recent developments in U.S. immigration policy have sparked significant debate and concern among legal experts, advocacy groups, and applicants. The Department of Homeland Security (DHS) has proposed a sweeping new rule that would expand biometric data collection, while the U.S. Citizenship and Immigration Services (USCIS) has paused the annual asylum fee following a federal court order. These changes, along with clarifications on Green Card eligibility and delays in the Diversity Visa (DV) lottery, are set to reshape the landscape of immigration in the United States.

The Expansion of Biometric Data Collection

The DHS has unveiled a proposed rule that would dramatically expand the collection and use of biometric data across USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). This rule, if implemented, would go far beyond the current collection of fingerprints and photographs to include voice prints, DNA, palm prints, and iris/retina scans.

Key Points of the Proposed Rule

• Expanded Data Types**: The collection would now include voice prints, DNA, and other advanced biometric identifiers.
• No Age Restrictions**: The rule proposes removing the current age restriction, allowing DHS to collect biometrics from children under the age of 14 for the first time.
• Inclusion of U.S. Citizens**: The proposal explicitly authorizes the collection of biometrics from U.S. citizens, nationals, and lawful permanent residents when associated with an immigration benefit request.

Implications

• Privacy Concerns**: The expanded data collection raises significant privacy concerns, particularly regarding the storage and use of sensitive biometric information.
• Enforcement Capabilities**: The new rule could enhance the government's ability to track and manage individuals, but it also opens the door to potential misuse and overreach.

Pausing the Annual Asylum Fee

USCIS has confirmed that it has paused the mailing of notices for the Annual Asylum Fee (AAF) following a temporary stay issued by a federal court in Maryland. This pause provides temporary relief to asylum applicants who were previously required to pay a $100 fee annually.

What It Means for Applicants

• Temporary Relief**: Applicants who received a notice directing them to pay the $100 AAF are advised to disregard that instruction for now.
• Non-Refundable Fees**: Any annual asylum fees paid before the pause are non-refundable, and applicants should keep their receipts secure.
• Future Updates**: USCIS plans to issue updated instructions as the legal proceedings continue.

Impact

• Financial Burden**: The pause alleviates the financial burden on asylum seekers, who often face significant economic challenges.
• Legal Uncertainty**: The ongoing legal proceedings add an element of uncertainty, making it crucial for applicants to stay informed and consult legal counsel.

Green Card Eligibility for TPS and U Visa Holders

USCIS has issued a new policy alert clarifying that a grant of Temporary Protected Status (TPS) or U nonimmigrant status does not count as an “admission” for the general Green Card adjustment of status under INA 245(a). This clarification primarily affects individuals who entered the U.S. without inspection and later obtained U status, making them ineligible for the standard adjustment pathway.

Alternative Pathways

• INA 245(m)**: U visa holders remain fully eligible to adjust status under the specialized INA 245(m) provision after maintaining valid U status for three years.
• TPS Holders**: TPS holders may need to explore other pathways, such as consular processing, to obtain a Green Card.

Key Considerations

• Legal Representation**: It is crucial for affected individuals to seek legal representation to navigate the complex adjustment process.
• Documentation**: Maintaining accurate and comprehensive documentation is essential to support any adjustment of status application.

Delay in the Diversity Visa Lottery

The U.S. Department of State has confirmed a delay in the launch of the Diversity Visa (DV) Lottery registration for the DV-2027 cycle. The registration period, which typically opens in early October, has been pushed back. A new requirement is also being introduced: a $1 electronic registration fee for all entrants.

Current Status

• Delayed Registration**: The official start date for the DV-2027 registration period will be announced “as soon as practicable.”
• New Fee**: The introduction of a $1 electronic registration fee is a new requirement for all entrants.

Strategic Considerations

• Stay Informed**: Potential applicants should regularly check the Department of State’s website for updates on the registration period.
• Preparation**: Use the additional time to ensure all required documentation is in order.

The Bottom Line

The proposed expansion of biometric data collection, the pause on the annual asylum fee, and the clarifications on Green Card eligibility for TPS and U visa holders are significant developments that will have far-reaching implications for U.S. immigration policy. While these changes offer some relief and new pathways, they also introduce new challenges and uncertainties. Staying informed and seeking legal counsel are critical steps for navigating the evolving landscape of U.S. immigration.