Green card holders will be fingerprinted and photographed at U.S. borders
The new rules will treat lawful permanent residents (LPRs) more like visiting foreign nationals, who currently are required to submit their fingerprints and facial photos under the US-VISIT program, than U.S. citizens, who are not required to be fingerprinted or photographed.
"LPRs are still subject to entry, documentation, and removability requirements to the United States," said the final ruled published by DHS in the Federal Register on Dec. 19. "LPRs are aliens."
Approximately 4.4 million lawful permanent residents – as well as 33 million U.S. citizens – arrive at U.S. airports and seaports each year, according to DHS.
DHS said all "aliens" in the U.S. are subject to the biometric requirements of the US-VISIT program, and that lawful permanent residents – even though their backgrounds have been thoroughly examined -- are technically still considered aliens.
"DHS checks biometric data on those applying for admission to the United States against government databases to identify suspected terrorists, known criminals, or individuals who have previously violated U.S. immigration laws," says the final rule. "DHS's ability to establish and verify the identity of an alien and to determine whether that alien is admissible to the United States is critical to the security of the United States and the enforcement of the laws of the United States."
The final rule announced on Dec. 19 followed a proposed set of rules originally published by DHS on July 27, 2006. Though the department received 71 comments to its proposal, many of which were critical and asked that the regulation be withdrawn, DHS was unmoved. "This final rule adopts the proposed rule without change," said the notice, which was issued by the DHS National Protection and Programs Directorate.
DHS acknowledged that LPRs, as a class, do not necessarily pose greater risks to the security of the U.S. than "nonimmigrants." But, the department pointed out, DHS and Department of Justice personnel continue to uncover "significant immigration document fraud," particularly in relation to permanent resident cards. Such fraud includes giving or selling a permanent resident card to someone else, altering a lost card, or using a phony card.
Subjecting lawful permanent residents to the biometric check at an airport, seaport and land border crossing, whenever they return to the U.S., would enable the federal government to keep better tabs on their individual admissibility.
"US-VISIT enables DHS to determine if an LPR seeking entry has been convicted of any crime that would render him or her subject to removal from the United States," says the final rule.
DHS is also worried that the community of green card holders could be fertile ground for terrorist recruiters. "DHS is concerned about attempts by terrorist and transnational criminal organizations to recruit LPRs, who are perceived to be subject to less scrutiny in travel," the rule continues.
LPRs have generally been allowed to use the line designated for "U.S. Citizens" when they arrive on an international flight at a U.S. airport, and this treatment is likely to continue, but that doesn't give the two groups identical rights, says DHS. "This accommodation does not mean that LPRs are, or will otherwise be treated as, United States citizens," says the final rule.
In fact, the final rule makes it quite clear that the departing Bush Administration sees lawful permanent residents as quite different from U.S. citizens.
"As a legal matter," the rule observes, "LPRs, although allowed to stay and work in the United States permanently, are still 'aliens' and subject to immigration law."
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