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US immigration authorities collecting DNA information of children in criminal database

US immigration authorities collecting DNA information of children in criminal database

The Guardian2 days ago

US immigration authorities are collecting and uploading the DNA information of migrants, including children, to a national criminal database, according to government documents released earlier this month.
The database includes the DNA of people who were either arrested or convicted of a crime, which law enforcement uses when seeking a match for DNA collected at a crime scene. However, most of the people whose DNA has been collected by Customs and Border Patrol (CBP), the agency that published the documents, were not listed as having been accused of any felonies. Regardless, CBP is now creating a detailed DNA profile on migrants that will be permanently searchable by law enforcement, which amounts to a 'massive expansion of genetic surveillance', one expert said.
The DNA information is stored in a database managed by the FBI called the Combined DNA Index System (Codis), which is used across the country by local, state and federal law enforcement to identify suspects of crimes using their DNA data.
Wired first reported the practice and the existence of these documents, and estimates there are more than 133,000 migrant teens and children whose DNA has been collected and uploaded to Codis. One of them was just four years old.
'In order to secure our borders, CBP is devoting every resource available to identify who is entering our country. We are not letting human smugglers, child sex traffickers and other criminals enter American communities,' Hilton Beckham, assistant commissioner of public affairs at CBP, told Wired in a statement. 'Toward this end, CBP collects DNA samples for submission to the FBI's Combined DNA Index System … from persons in CBP custody who are arrested on federal criminal charges, and from aliens detained under CBP's authority who are subject to fingerprinting and not otherwise exempt from the collection requirement.'
Experts at Georgetown University and the Center on Privacy and Technology published a report last week that found that CBP was collecting the DNA of almost every migrant detained, regardless of how long they were detained. The agency has added more than 1.5m DNA profiles to Codis since 2020, a 5,000% increase in just three years, according to the report. It's a 'massive expansion of genetic surveillance and an unjustified invasion of privacy,' according to one of the authors of the report, Emerald Tse.
'The program reinforces harmful narratives about immigrants and intensifies existing policing practices that target immigrant communities and communities of color, making us all less safe,' Tse said in a statement.
The documents CBP published, which detail each individual whose DNA was swabbed, their age and country of origin, where they were transferred to, and what they were charged with, date back to as early as 2020. The latest document published is from the first quarter of 2025. There are hundreds of thousands of entries of people whose DNA has been collected by CBP between 2020 and 2024. Of the more than 130,000 individuals who were children or teens, nearly 230 were children under the age of 13 and more than 30,000 were between 14 and 17 years old, according to Wired.
CBP first launched a pilot program to begin collecting detainees' DNA data in 2020, in accordance with a Department of Justice rule that gave the agency three years to comply with a new requirement to collect genetic samples and upload it to Codis. At the time, CBP wrote that it was collecting DNA data from non-US citizens who had been detained between the ages of 14 and 79. The Department of Homeland Security and CBP policy generally states that children under 14 are not obliged to have their DNA information collected, though there is some discretion afforded to field officers.
However, this pace of genetic data collection would not have been possible in a criminal legal context, according to the Center on Privacy and Technology and Georgetown report.
'Until 2020, almost all the DNA profiles in Codis's 'offender' database were added by state and local police and other criminal law enforcement agencies,' the report reads. 'In the criminal context, there are some limitations on when, how and from whom criminal law enforcement agencies can take DNA which make the process of amassing samples cumbersome and resource-intensive.'
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The expansion was possible partly because there are fewer limitations on DNA collection within the context of immigration.
'In the immigration context, the only limitation on DNA collection is that a person must be 'detained'. But the meaning of the term 'detained' in the immigration context is notoriously broad, vague and ever shifting,' the report reads.
According to the CBP website, the agency sends the DNA data directly to the FBI and does not store or maintain the DNA data itself. That genetic information is stored by the FBI indefinitely, according to the Center on Privacy and Technology and Georgetown report.
'How would it change your behavior to know that the government had a drop of your blood – or saliva – containing your 'entire genetic code, which will be kept indefinitely in a government-controlled refrigerator in a warehouse in Northern Virginia'?' the report reads, quoting CBP's documents. 'Would you feel free to seek out the medical or reproductive care you needed? To attend protests and voice dissent? To gather together with the people of your choosing?'

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