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Immigrants File Suit Over Trump’s Catch-22 Biometric Data Policy

Immigrants have to submit biometrics for visa applications and deportation protections, though authorities can’t collect that data from detainees.

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Gregory Bull/AP

A group of detained immigrants have filed a class-action lawsuit against the Trump administration over a catch-22 biometric data policy that they allege has blocked them from obtaining legal status.

A 19-year-old from Venezuela detained for over a year is one of the plaintiffs in the lawsuit filed Thursday against the Department of Homeland Security. At issue is a December policy change barring immigrants in detention from getting their fingerprints and photos taken for visa and other deportation-protection applications.

U.S. Citizenship and Immigration Services, or USCIS, denies applications of people who don’t attend their biometric screenings, which the lawsuit claims puts the immigrants in an impossible situation.

Other plaintiffs, such as a 22-year-old man and a 43-year-old woman from Mexico, are seeking visas they say they qualify for as victims of crime. The man applied for a visa meant to protect victims of human trafficking because he said his father abused him after bringing him to the U.S. as a minor. The woman claims to be a victim of domestic violence and stalking from the father of her children. She has spent nearly a year in Immigration and Customs Enforcement detention in Kentucky, according to the complaint.

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Attorneys from Democracy Forward, the National Immigration Project and the National Immigrant Justice Center are representing the immigrants in the U.S. District Court for the District of Columbia. The complaint argues the policy violates the detainees’ due process.

“In its zeal to block paths for lawful immigration, the Trump-Vance administration has yet again set up an unlawful trap for noncitizens, creating a system where people are required to meet a condition for relief and then blocking them from ever meeting it,” Democracy Forward CEO Skye Perryman said in a statement.

Another lawsuit against this policy led to DHS agreeing in March to transport the mother of a U.S. citizen who had been in detention for more than eight months to her biometrics-collection appointment as part of her application for a green card.

USCIS is facing a mounting number of lawsuits over its processing freeze on applications from immigrant nationals of countries on President Donald Trump’s travel ban list.