DHS Quietly Harvested DNA from Americans for Years, Data Shows
For years, Customs and Border Protection agents have been collecting DNA samples from American citizens, including minors, and sending them to the FBI's nationwide crime database, according to government data analyzed by Georgetown Law's Center on Privacy & Technology.
Between 2020 and 2024, the Department of Homeland Security collected nearly 2,000 DNA samples from U.S. citizens and had them sent to CODIS, the FBI's system for policing investigations. An estimated 95 of those individuals were minors, some as young as 14. The data also reveals that travelers who were never charged with a crime and dozens of cases where agents left the charges field blank were included in the database.
"This is a clear example of an agency overstepping its authority," said Jennifer Daskal, director of the Center on Privacy & Technology at Georgetown Law. "The Department of Homeland Security has no statutory authority to collect DNA from U.S. citizens, and it's alarming that they've been doing so for years."
According to federal law, DNA samples can only be collected from individuals who have been arrested or charged with a crime. However, the data shows that CBP officers invoked civil penalties as justification for swabs in some cases.
"It appears that CBP is using its authority to collect DNA from anyone it wants, without any real oversight or accountability," said Daskal. "This raises serious concerns about the potential for abuse and misuse of this sensitive information."
The data was obtained through a Freedom of Information Act request by Georgetown Law's Center on Privacy & Technology.
A spokesperson for Customs and Border Protection declined to comment on the matter, citing ongoing investigations.
The findings have sparked concern among civil liberties groups and lawmakers. "This is yet another example of the Department of Homeland Security overstepping its authority and disregarding the rights of American citizens," said Rep. Jamie Raskin (D-Md.), a member of the House Judiciary Committee.
The current status of the program is unclear, but experts say it highlights the need for greater oversight and transparency in government agencies' use of DNA collection.
As the debate continues over the role of DNA collection in law enforcement, one thing is clear: the Department of Homeland Security's actions have raised serious questions about the balance between national security and individual rights.
*Reporting by Arstechnica.*