In March 2021, a 25-year-old American citizen arrived at Chicago’s Midway Airport and was detained by US Border Patrol agents. According to a recent report, the individual underwent a cheek swab for DNA collection. This person was later identified by state authorities, and their DNA was entered into the FBI’s genetic database, all without any criminal charges being filed.
This 25-year-old is among roughly 2,000 US citizens whose DNA was gathered and forwarded to the FBI by the Department of Homeland Security between 2020 and 2024, as reported by Georgetown’s Privacy and Technology Center. The report highlights that even some 14-year-old US citizens had their DNA collected by Customs and Border Protection (CBP) officials.
“We have witnessed a significant breach of privacy,” stated Stevie Gloverson, director of research and advocacy at Georgetown’s Privacy Center. “We contend that the absence of oversight on DHS’s collection powers renders this program unconstitutional and a violation of the Fourth Amendment.”
When immigration officials collect DNA to share it with the FBI, it is stored in the Combined DNA Index System (Codis), which is utilized nationwide by various law enforcement agencies to identify crime suspects. A 2024 report also revealed that CBP collects DNA data from the Privacy and Technology Center in Georgetown. Additionally, the data indicates that DNA was collected and shared from immigrant children, with initial estimates suggesting that approximately 133,000 teens and children have had their sensitive genetic information uploaded to this federal criminal database for permanent retention.
The recent CBP document specifically outlines the number of US citizens from whom genetic samples were collected at various entry points, including significant airports. The agency gathered data on the ages of individuals whose DNA was obtained by border agents as well as any charges associated with them. Like the 25-year-old, around 40 US citizens had their DNA collected and forwarded to the FBI, including six minors.
Under current regulations, CBP is authorized to gather DNA from all individuals, regardless of citizenship status or criminal background.
However, the law does not permit Border Patrol agents to collect DNA samples from US citizens merely for being detained. Yet, recent disclosures indicate that CBP lacks a system to verify whether there is a legal basis for collecting personal DNA.
In some atypical instances, US citizens had DNA collected for minor infractions like “failure to declare” items. In at least two documented cases, citizens were subjected to DNA swabbing, with CBP agents merely noting the accusation as “immigration officer testing.”
“This is data from CBP’s own management,” Gloverson pointed out. “What the documentation reveals is alarming. Afterward, CBP agents are isolating US citizens and swabbing their mouths without justification.”
No formal federal charges have been filed in approximately 865 of the roughly 2,000 cases of US citizens whose DNA was collected by CBP, indicating, according to Gloverson, that no legal cases have been presented before an independent authority, such as a judge.
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“Many of these individuals do not go before a judge to assess the legality of their detention and arrest,” she remarked.
DNA records can disclose highly sensitive information, such as genetic relationships and lineage, regardless of an individual’s citizenship status. Information found in the criminal database, utilized for criminal investigations, could subject individuals to scrutiny that may not otherwise occur, Gloverson warned.
“If you believe your citizenship guards you against authoritarian measures, this situation is clear evidence that it does not,” she concluded.
Source: www.theguardian.com
