Accommodating Religious Beliefs during Photograph and Fingerprint Capture
On July 23, 2012, U.S. Citizenship & Immigration Services (US CIS) issued a policy memorandum (PM) setting forth policy for capture of photographs or fingerprints by its employees and contractors during the course of their duties. The PM explained the types of accommodations to be offered and to whom the accommodations should be offered. The PM also clarified that US CIS will continue to deny requests to waive photograph or fingerprinting requirements based on religious objections.
Photograph Capture: The US CIS is required by law to capture photographs of individuals for adjudication of certain immigration benefits. Also, as part of the process, US CIS is required to capture fingerprints to run a background check of the applicant. The PM clarified that, at the time of the photograph capture, US CIS will ask individuals to remove headwear that is not religious e.g. hat or any other headwear, though it will accommodate an individual who wears a headgear that is religious, provided a reasonable likeness can be obtained of an individual, the full face is visible, and the religious headwear does not cast a shadow on the face of the
individual.
US CIS will ask an individual to remove or adjust a religious headwear that does not cover the face but still casts a shadow on the face, making the capture of the entire face impossible. US CIS photographs require an individual’s ears to be exposed, but this requirement can be overlooked if US CIS can obtain an identifiable photograph.
Whenever the US CIS requests an individual to remove or adjust the religious headgear, the US CIS will offer a private room or a screened area to capture the photograph. Additionally, if a US CIS employee of same gender is available to take the photograph then this accommodation too will be offered to the individual. If the individual desires a private room/screened area and/or a photographer of same gender, but this accommodation cannot be made on the day of the appointment, then US CIS will offer to reschedule the appointment for a different day or at a different office to accommodate the individual’s request.
Fingerprint Capture: Capturing a fingerprint many times involves physical contact between the US CIS employee and the individual by holding his or her hand to obtain the fingerprints. In those instances where the religious beliefs of the individual limits or prohibits from physical touching by a person of the opposite gender, US CIS office, upon request will accommodate individuals with a same-gender fingerprint officer or technician. If no same-gender fingerprint officer or technician is available to assist the individual, US CIS will offer to reschedule the appointment for a different day or at a different office to accommodate the individual’s request.