DHS replaces CBP One app with CBP Home; Amends regs for alien fingerprinting

The Department of Homeland Security (DHS) this week announced the release of the CBP Home app, which basically is a rebranded version of the previous CBP One app. The new version of the app represents a significant shift in U.S. immigration policy.

The rebranded application now facilitates a voluntary departure, or “self-deportation,” component for use by individuals residing unlawfully in the United States. The new app allows illegal immigrants to submit their intent to depart and provide verification of their exit. This new self-deport reporting capability is intended to streamline the process and to conserve governmental resources, according to DHS.

While the CBP Home app aims to provide a streamlined process for voluntary departure, it has been met with criticisms related to privacy, effectiveness, and technical reliability. These concerns highlight the complexities involved in implementing technology-driven solutions within the sensitive context of immigration enforcement.​

Critics have raised several concerns regarding the new CBP Home app. One major issue is the potential for increased government surveillance. The app requires users to input personal information, including face biometric data (selfie photo) and geolocation details which could be used beyond the app’s stated purpose. Privacy advocates warn that this extensive data collection might lead to misuse or unauthorized sharing with other agencies, thereby infringing on individual’s civil liberties.

These same concerns were raised about the previous CBP One app. According to DHS sources on background, the new app is based on the old app’s architecture, and still has the same privacy, security, and technical issues.

Indeed, the app’s predecessor, CBP One, faced scrutiny for technical issues, including glitches and the use of facial recognition features. These problems led to difficulties for users, such as extended waiting periods and potential exposure to dangerous situations while awaiting processing. There is concern that similar issues could persist in the CBP Home app, potentially exacerbating existing challenges within the immigration system. ​

The rebranded app “is … a chilling example of how easily tools like CBP One, which collected photos and other sensitive personal information, can be weaponized to surveil and punish,” said Laura Rivera, senior staff attorney at Just Futures Law.

The American Immigration Council said the app might expose users to risks that include surveillance and disparate treatment because of the flaws within the app’s functions. ​

DHS said that the app’s “self-deportation functionality is part of a larger $200 million domestic and international ad campaign” to encourage undocumented immigrants to “Stay Out and Leave Now.”

Another criticism centers on the app’s efficacy and the likelihood of voluntary usage. Skeptics question whether individuals without legal status would willingly use a government platform to facilitate their own deportation, especially given potential fears of data misuse or future repercussions. This skepticism raises doubts about the app’s overall effectiveness in achieving its intended goals.

Meanwhile, DHS issued an Interim Final Rule (IFR) that amends regulations concerning alien registration and fingerprinting requirements under the Immigration and Nationality Act (INA). The rule designates a new form, G-325R, Biographic Information (Registration), which allows aliens subject to registration requirements to comply with statutory obligations. The rule also establishes additional documentation that may serve as evidence of alien registration.

The IFR follows Executive Order 14159, which mandates enforcement of alien registration requirements and prioritizes civil and criminal consequences for noncompliance. The rule aims to close gaps in the existing registration framework, ensuring that previously unregistered aliens have a means to fulfill their legal obligations. Specifically, it introduces an online registration process through myUSCIS which includes biometric collection at designated Application Support Centers. Upon completing the biometric process, registered aliens will receive a digital Proof of Alien Registration document.

The rule does not introduce new registration requirements beyond those already in the INA but it does facilitate compliance for previously unregistered aliens, including those who entered without inspection, Canadian visitors without an I-94, and individuals who turn 14 and must register. DHS estimates that between 2.2 and 3.2 million aliens will be affected.

While there is currently no fee for the G-325R form or biometric submission, DHS is considering a $30 biometric service fee and seeks public comments on this proposal. The IFR is exempt from prior notice and comment requirements under the Administrative Procedure Act, as it is categorized as a procedural rule. However, DHS invites post-promulgation comments and feedback on both the rule and its potential fee structure.

The IFR is expected to enhance DHS’s enforcement capabilities by improving alien registration compliance and increasing access to biometric data, which could facilitate law enforcement efforts and public safety. The rule is estimated to result in additional costs for DHS but offers benefits in terms of national security and regulatory enforcement.

Article Topics

biometrics  |  CBP  |  CBP Home  |  CBP One  |  DHS  |  immigration  |  mobile app  |  selfie biometrics  |  U.S. Government  |  United States