Heightened Concerns Over DNA Collection from Migrant Minors by DHS

Senator Ron Wyden is demanding transparency from U.S. government departments regarding their extensive DNA gathering efforts from immigrants, particularly minors.

The prominent Oregon senator has called upon the Department of Justice and the Department of Homeland Security to disclose the breadth, legality, and management of this DNA gathering practice. In correspondence with these departments, Wyden harshly criticized what he views as an alarming expansion of an already sprawling and confusing system, accusing officials from the previous administration of keeping basic operational details under wraps.

Recent disclosures obtained via a Freedom of Information request reveal that DHS has amassed genetic samples from about 133,000 immigrant youths. Wyden challenges the lack of “justification for the enduring archive of these children’s genetic data.”

These genetic records are now part of CODIS, the FBI's database traditionally used for scrutinizing suspects in violent crimes. Critics argue the system, which typically retains information indefinitely, was never devised to include DNA from civil immigration detainees, especially youngsters.

Over recent years, the administration has gathered DNA profiles from numerous minors, including at least 227 children aged 13 or younger, according to official data. The majority of these profiles belong to children from four nations: Mexico, Venezuela, Cuba, and Haiti.

Wyden has noted, “By storing these children’s DNA in CODIS, their profiles are checked with every database search moving forward,” implying these youths are treated as potential suspects by law enforcement indefinitely.

There has been a consistent push by the U.S. to position noncitizens as primary targets for comprehensive genetic monitoring, mainly targeting immigrants held under civil custody.

Insights from Georgetown Law's Center on Privacy and Technology illustrate the growing number of DNA samples integrated into CODIS in recent months, underscoring the shift of a crime-fighting tool into a repository for migrant DNA.

Demand for Legal Clarification and Policy Details

Senator Wyden has reached out to Attorney General Pam Bondi and DHS Secretary Kristi Noem for clarity on the legal framework supporting this DNA collection, storage, and utilization. He also requested specifics on the scope of collections, highlighting minors, and sought clarity on the policies governing the retention, use, and deletion of such data.

“The DNA collection laws initially conceived by Congress aimed to combat violent crime,” Wyden remarked. “They were not intended for broad-based, indefinite DNA retention of noncitizens.”

DOJ representative Natalie Baldassarre has acknowledged receiving Wyden’s request, while DHS remained unresponsive regarding queries about its DNA collection processes concerning children.

Concerns Over Privacy and Broader Surveillance Implications

The Center on Privacy and Technology, committed to evaluating new surveillance methods and their legal implications, suggests that the aggressive harvesting of DNA points to a larger mission to redefine policing through expansive biometric data use. Their 2024 report questions the effectiveness of these practices in current immigration contexts, hinting that this might be a covert move toward broader law enforcement applications.

Constitutional law scholar David Cole has expressed concern over these measures, arguing that strategies first imposed on immigrants might eventually be applied universally.

Anthony Enriquez from Robert F. Kennedy Human Rights cautions that what starts as data collection from immigrants often transitions into broader societal applications: “The government’s DNA surveillance of immigrants is already impacting U.S. citizens. The cycle from surveillance to criminalization is alarmingly quick, potentially leading from intrusive monitoring to detention.”