Key Takeaways
- Federal agents collected DNA from nearly 2,000 U.S. citizens, including minors, without congressional authorization.
- The DNA samples were submitted to the FBI’s criminal database, raising concerns about civil liberties and oversight.
- Critics warn that the DNA collection program transforms the criminal database into a surveillance tool with minimal regulation.
A Shadow DNA Collection Program
Recent revelations indicate that U.S. federal agents have operated a covert DNA collection initiative at the borders, obtaining genetic material from approximately 2,000 American citizens—including minors as young as 14—from 2020 to 2024. This collection, which involved individuals who were never charged with crimes, resulted in the transfer of these DNA samples directly into the FBI’s Combined DNA Index System (CODIS). Such actions were conducted without the necessary congressional authorization, raising significant legal and ethical questions.
According to data unveiled by Georgetown Law’s Center on Privacy & Technology, Customs and Border Protection (CBP) officers amassed DNA from travelers, often failing to indicate whether arrests had occurred, and justifying some collections based on civil penalties. This practice is seen as a dangerous expansion of federal authority, allowing CBP to gather genetic material from citizens and submit it to a database originally intended for convicted criminals. Once a DNA sample is entered into this system, individuals risk perpetual surveillance by law enforcement.
Stevie Glaberson, director of research at Georgetown’s Center, voiced concern over the implications of this data collection. The findings include samples from individuals aged 4 to 93, illustrating the breadth of the CBP’s overreach in DNA collection.
Escalation in Genetic Surveillance
The scope of this program skyrocketed under the Department of Homeland Security (DHS), which contributed roughly 2.6 million genetic profiles to CODIS since 2020. This increase represents a substantial growth, with the detainee index reaching over 2.6 million profiles by April 2025. Alarmingly, 97 percent of these samples were from civil authorities, not criminal arrests, suggesting a fundamental shift in how the database is being utilized.
Specific policy changes, initiated by an April 2020 Justice Department rule, enabled mass DNA sampling by eliminating previously established waivers that exempted DHS from collecting DNA from immigration detainees. This change led to a dramatic increase in monthly DNA submissions, straining FBI resources and overwhelming their systems with a backlog of 650,000 unprocessed DNA kits.
Recent federal directives have prompted DHS to accelerate its DNA collection efforts, including an executive order from January 2025 that mandates the use of “any available technologies” for identity verification, extending to genetic testing. This program’s expansion has raised alarms among civil rights advocates.
Oversight Failures and Calls for Accountability
Numerous oversight entities have called attention to the absence of centralized oversight regarding DNA collection activities. The DHS inspector general flagged a lack of compliance and oversight, leading to concerns over public safety and the legality of the collections. Senator Ron Wyden has questioned whether children’s DNA has been improperly retained in CODIS, emphasizing the potential implications for children who could face future law enforcement scrutiny.
Rights advocates argue that CBP’s DNA collection practices constitute a vast surveillance system that lacks transparency and legal safeguards. Once DNA is uploaded into CODIS, physical samples are retained indefinitely, with no existing framework to reassess or eliminate profiles in cases where detention may not have been lawful.
Legal challenges by various organizations aim to uncover the agency’s records and practices concerning DNA usage and storage. Amid ongoing litigation, calls for transparency have intensified as the implications of the program’s expansion become clearer.
As this situation develops, experts note a transformative shift in America’s criminal DNA database, evolving from a tool aimed at solving violent crimes to one enveloped in surveillance with minimal oversight. Advocates continue to stress the public’s right to be informed about government practices affecting personal freedoms.
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