A group of legal services providers and advocacy groups say the lack of availability of biometric appointments is adding to the immigration backlog. In a letter to U.S. Citizenship and Immigration Services, over 50 groups are asking the Department of Homeland Security to address the ongoing issues with appointment availability, particularly for those facing final removal hearings. These non-detained individuals are required to complete the biometric appointment, also known as the fingerprint appointment, prior to their final hearing. However, there are not enough appointments available to fill the need.
Biometric appointments are required for anyone who applied for relief in deportation hearings, including withholding of removal and asylum matters. However, many individuals are not able to comply with the requirement as USCIS is not setting appointments in a timely manner, or at all, says the group.
If biometrics have previously been filed with USCIS or Customs and Border Protection, the group claims Immigration and Customs Enforcement (ICE) is unwilling to access the information. Further, they claim ICE requires individuals to request a new appointment. This puts the individual at further risk of being unprepared for their removal hearings.
For those who aren’t able to complete their biometrics appointment prior to their hearings, there is little to no option to avoid having their removal proceedings reopened.
The group suggests that as fingerprints don’t change, the U.S. Department of Homeland Security (DHS) should use existing fingerprint images, previously filed, whenever possible. Not only will this reduce the need for appointments, making more available to those who truly need them, but it will also provide relief to the applicants and their attorneys.
In response, the immigration organizations state they are unable to ‘refresh’ fingerprints previously taken by CBP. They state DHS must update its internal procedures to let organizations use previously taken records.
If ICE isn’t able to refresh fingerprint records, the group asks a notice is sent to individuals who require the biometric appointment a minimum of six months ahead of their scheduled merits hearing. If an individual is still unable to schedule their appointment, the group asks that USCIS allow for walk-in appointments within a 90-day window of their hearings.
If you have questions about the biometric appointment or any other immigration-related issue, please contact us. We work with our clients in their individual situations and help them navigate the process to acquire the necessary information to maximize their odds of success.