Friends, the government has done it again.
They've done.
Did it again.
What did they do?
They went ahead and they introduced proposal to collect additional data.
Not only on immigrants, but now on West citizens, they want more information.
They want more, um, ways of tracking people.
And so in this video, I'm going to talk with you guys about the new proposed rule that
the government issued today, September 11th, 2020, that would collect additional data on
you guys.
For those of you who are new to me before I dive into it as usual welcome I'm Latoya
McBean Pompey and immigration lawyer in New York service in clients all over the world,
providing personnel, immigration pro services, not just services where you can run your application
through a computer system or something like that.
And it's generated no.
We provide that personal touch and get to know our clients very well.
Those who are working with us on their case now let's get into it.
Guys.
The government has issued a proposed rule that would collect more data on people.
And I'm going to take you into the proposed rule.
And we're going to talk about some of the big parts of this rule and why it's so important.
Now the rule was published today in the federal register.
It's called it's called collection and use of biometrics by us citizenship and immigration
services.
We're going to take a look at the summary and we get a lot of information from the summary.
And the summary says that they propose, they be in DHS, the department of Homeland security
proposes that any applicant, petitioner sponsor, beneficiary, or individual filing or associated
with an immigration benefit or requests, including us citizens must appear for biometrics collection
without regard to age, unless DHS waves or exempts the biometric services or requirement.
So this is new.
What's new about this is the fact that us citizens must now appear for Biometrics services.
So if your petition and for your spouse, your you, us citizen, man, who is petitioning for
your wife, uh, you now have to go in and do your biometrics, your fingerprints plus more
because under this proposal, the government is looking to collect more data on you rather
than other than just doing the basic fingerprint.
What else does it say?
It says second DHS proposes to authorize biometric collection without regard to age upon arrest
of an alien for purposes of processing care, custody and initiation of removal proceedings.
Third DHS proposes to define the term biometrics a fourth.
This rule proposes to increase the biometric modalities that DHS collects to include Iris
image, Palm print and voice print print fifth.
This rural proposes that DHS may request require or accept DNA test results, which include
a partial DNA profile to prove the existence of a claimed genetic relationship.
And that DHS may use and store DNA test results for the relevant adjudications or to perform
any other functions necessary for administering and enforcing immigration and naturalization
laws.
Six, this rule would modify how vowel the violence against women act and T trafficking
victims, uh, how those T those non-immigrant petitioners demonstrate good moral character.
Um, and then it also removes the presumption of good moral character for those who are
under 14.
And then lastly it says DHS proposes to further clarify the purposes for which biometrics
are collected from individuals filing for immigration applications or petitions to include
criminal history and national security background checks, identity enrollment, verification,
and management, secure document production, and to administer and enforce the, um, ina
laws, immigration laws.
And so folks have until October 13th, 2020, by which to submit comments about the new
proposed rules.
So let's talk about this for a moment here.
This isn't going to be a very long video.
So what this is basically saying is that DHS is expanding the role that it has been playing
with respect to collecting data on people.
They want a lot more data.
They want hardcore data.
They're not just going to use the data for background checks.
It looks like they're going to use it for other management, um, data enrollment purposes
and initiation purposes that we don't clearly understand that I don't clearly understand
yet what the purpose of the data will be.
Um, yes, we understand that DNA connects real people, right?
Relationships and DNA and immigration for immigration purposes is, has been around for
a while.
This is not new, but DNA is typically requested in cases where it's a, the father petitioning
for a child that was born outside of the, um, the, uh, outside of a marital relationship
or something like that.
Yeah, yeah.
To prove paternity right now, it seems like under this proposed rules, the government
wants to expand on its capabilities to collect DNA samples on individuals.
And the government is expanding its capability to, um, collect data from petitioners, petitioners,
us, citizen petitioners, uh, green card holder petitioners, any petitioner, uh, under this,
um, proposal will need to submit data to the government unless the government waves that
requirement.
So you might be scratching your head and thinking, this sounds like it's going to be a huge DataBank
for the government.
It, and it is.
And it will be if this proposed rule, is it later in forced, it will be a very large DataBank
and privacy professionals are up in arms right now saying what the heck, what the heck government
is trying to collect more information on people, including us citizens that is clearly overreach
clearly too big for the government.
And, um, they're, they're very much opposed to this.
So the government wants to is rationalizing this.
I didn't read all of that for you today in this video, but the government's rationale
is plainly listen, we want, um, to be able to track people better.
There's a lot of fraud in the system, and this will allow us to, to eliminate fraud,
easier, faster catch people, connect the dots.
Um, those who are trying to who have a criminal background, certainly, um, who are, you know,
looking for an immigration benefit, this will allow us to better track those people and
make a decision about whether we should grant the request for benefits or not.
And, you know, for those of you who are opposed to big government government collecting data
on people, you know, we like to know that if you are collecting data on us, it should
be narrowly used and narrowly code collected.
We don't want to know that the government knows everything about us.
It knows our, it knows things about us by a lot, right?
We don't like that feeling at least I don't.
Um, and what else are you going to do with the information?
Clarify that for us, we need to know.
So guys, this is a proposed role.
It just it's going through the rulemaking process.
So this is not going to be an overnight, um, change that happens here.
Comments are open.
The comment period is open.
Um, so I'll put the link below for those of you who are interested in commenting on this
proposal, then, you know, it goes through a lengthier process of reviewing the comments
and such.
And then at the final end of the whole rule, making process of final rules are put out
there how long this rulemaking process will take.
I'm not sure.
I'm not sure if it's going to take less than a year, um, or not.
Sometimes it is.
It goes it's, it's expedited.
In some cases, if the arguments are, are very strong by the government, um, other times
it takes a long time.
Look at public charge.
Public charge took almost two years, uh, for that to be enforced, it took a very long time.
This however may or may not take a long time.
We'll see, I'll keep you guys posted.
If you enjoy this content, give me thumbs up below.
Let me know your thoughts on whether you like the idea of government collecting more information
on you and us, us citizens out there.
Let me know your thoughts as well.
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You know what to do, guys.
I appreciate you.
And to see you in the next one.
Bye bye.