The Department of Homeland Security (DHS) has amassed DNA data from over 1.5 million immigrants in the past four years, storing it in a database used for criminal investigations. This surge in DNA collection follows a Trump-era mandate implemented in 2020, resulting in a fifty-fold increase in DNA profiles compared to the previous 15 years. Researchers from the Georgetown Law Center on Privacy & Technology highlight concerns regarding the lack of informed consent among immigrants, many of whom were unaware of their genetic data being used for the Combined DNA Index System (CODIS), a criminal database.
Emerald Tse, a co-author of the Georgetown report, underscores the unsettling reality that DNA samples collected from immigrants can be detained indefinitely without probable cause, raising significant constitutional questions. Despite internal guidelines mandating disclosure, numerous immigrants reported not being informed about the DNA collection process. This lack of transparency, coupled with the indefinite storage of DNA samples, poses substantial risks as technology advances and legal frameworks lag behind.
Moreover, the DNA collection program extends beyond immigrants attempting to enter the U.S., encompassing individuals detained across various settings, including border checkpoints and airports. This broad application of DNA collection amplifies concerns about civil liberties and privacy violations, particularly among communities already subject to overpolicing and surveillance. Tse emphasizes that this expansion of DNA collection intensifies policing within these communities, reflecting a historical pattern of discriminatory immigration policies.
