Public Interest Comment on the Department of Homeland Security’s Proposed Rule: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services

Abstract

The George Washington University Regulatory Studies Center improves regulatory policy through research, education, and outreach. As part of its mission, the Center conducts careful and independent analyses to assess rulemaking proposals from the perspective of the public interest. This comment on the Department of Homeland Security’s (DHS) proposed rule regarding the collection and use of biometrics by U.S. Citizenship and Immigration Services (USCIS) does not represent the views of any particular affected party or special interest but is designed to evaluate the effect of DHS’s proposal on overall consumer welfare. This public interest comment begins by summarizing the proposed rule and discussing the statutory authority delegated to DHS. It then evaluates the department’s regulatory impact analysis, emphasizing the rule’s failure to comply with established requirements for regulatory analysis. Then, our comment argues that the rule’s 30-day comment period should be reopened to allow the public to have a meaningful opportunity to comment. We conclude by summarizing the key recommendations included in the comment.