The Department of Homeland Security (DHS) has expanded its authority to collect biometric data for United States Visitor and Immigrant Status Technology Program (US-VISIT), an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens’ identities; and authenticates aliens’ travel documents through comparison of biometric identifiers.  The Federal Register in January 2004 published an interim rule, which is to go into effect September 30, 2004, as the first step in the implementation of US-VISIT.

The interim rule authorized DHS to require aliens seeking to be admitted to the United States with non-immigrant visas to provide fingerprints, photographs or other biometric upon arrival in, or departure from, the United States at air and sea ports of entry.  The rule expands the US-VISIT program to the 50 most highly trafficked land border ports of entry in the Untied States, all of which will be integrated into the US-VISIT program and will be identified no later than December 31, 2004.

The rule going into effect at the end of this month also further identifies the population of aliens who are required to provide biometric identifiers and other information under the US-VISIT program.  Certain officials of the Taipei Economic and Cultural Representative Office are exempt from the US-VISIT biometric data collection requirements, while crewmembers applying for landing privileges may be required to provide biometric data under the program.  Additionally, DHS may require biometric data collection from nonimmigrant aliens who are visa exempt under the Visa Waiver Program.  The interim rule does provide that DHS has authority to require Mexican nationals who have a Border Crossing Card to provide biometric data when entering and exiting the United States.  However, the DHS along with the Department of State have together determined that Border Crossing Card travelers who are not required to be issued a Form I-94 Arrival/Departure Record at the time of admission are exempt from the US-VISIT biometric data collection requirements.

DHS is accepting public comment on all aspects of US-VISIT; however, they must be submitted on or before November 1, 2004.