Immigration Law

Recent Posts

Advance Copy of CBP Notice: Biometrics Test at Otay Mesa POE
Posted on 12 Nov 2015 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/13/2015 - "This notice announces that U.S. Customs and Border Protection (CBP) intends to conduct a test to collect biometric information at the Otay Mesa, California land border... Read More

BIA on Jurisdiction, Biometrics Advisory: Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015)
Posted on 6 Aug 2015 by Daniel M. Kowalski

Official Headnotes: (1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program. (2) It is improper... Read More

USCIS Naturalization Policy Update: Biometrics for All
Posted on 26 Jul 2017 by Daniel M. Kowalski

USCIS, July 26, 2017 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies... Read More

USCIS Policy Memo: Accommodating Religious Beliefs during Photograph and Fingerprint Capture
Posted on 13 Aug 2012 by Daniel M. Kowalski

"This policy memorandum (PM) sets forth policy for the capture of photographs or fingerprints by U.S. Citizenship and Immigration Services (USCIS) employees and contractors during the course of their duties. This PM explains when accommodations are... Read More

Posted on 23 Apr 2012 by Daniel M. Kowalski

"A new report, released by the Chief Justice Earl Warren Institute on Law & Social Policy at UC Berkeley School of Law, is a first-ever in-depth analysis of the costs of establishing a biometric employment identity card. Hard to BELIEVE... Read More

A Mandatory National ID Card For Everyone: The Price For Reform?
Posted on 21 Feb 2013 by Daniel M. Kowalski

"Key senators are exploring an immigration bill that would force every U.S. worker—citizen or not—to carry a high-tech identity card that could use fingerprints or other personal markers to prove a person's legal eligibility to work... Read More

From Fingerprints to DNA: Biometric Data Collection in U.S. Immigrant Communities and Beyond
Posted on 23 May 2012 by Daniel M. Kowalski

"The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the Federal Bureau of Investigation... Read More

Tags: EFF , biometrics , DNA

Biometric Database of All Adult Americans Hidden in Immigration Reform
Posted on 10 May 2013 by Daniel M. Kowalski

"The immigration reform measure the Senate began debating yesterday would create a national biometric database of virtually every adult in the U.S., in what privacy groups fear could be the first step to a ubiquitous national identification system... Read More

US-VISIT vs. GIGO: No Contest
Posted on 25 Aug 2012 by Daniel M. Kowalski

US-VISIT Faces Challenges in Identifying and Reporting Multiple Biographic Identities (Redacted) - DHS OIG, Aug. 13, 2012 . - "US-VISIT faces challenges in systematically identifying and flagging potential use of fraudulent biographic identities.... Read More

Immigration Magnetized, Privatized and Depersonalized
Posted on 28 Nov 2011 by Daniel M. Kowalski

"By privatizing immigration enforcement as a date-of-hire requirement foisted on employers, but not making identity verification essentially foolproof through the creation and distribution of a national ID card, Congress doomed IRCA to fail... Read More