Four protesters are suing the Department of Homeland Security (DHS) and the FBI to stop the government from collecting DNA samples from Americans arrested during peaceful protests. They argue that this practice violates their constitutional rights and exceeds legal limits. The case highlights concerns about how the government uses DNA technology for surveillance rather than just identification.

Protesters Claim Unlawful DNA Collection

The lawsuit was filed in an Illinois district court after arrests at the Broadview ICE facility during an operation called “Operation Midway Blitz.” During this operation, thousands of federal agents flooded Chicago to target immigration enforcement activities. The protesters say they were peaceful but were still detained and had their DNA taken without proper legal authority.

They allege that their DNA was uploaded into government databases and stored permanently in federal labs, even though most had no criminal convictions related to their protests. Only one of the 92 arrests led to a conviction, which was for a minor charge unrelated to the protests. The others faced minor or no charges at all, yet their DNA had been collected and stored.

Legal Limits and Expanding Authority

The protesters argue that federal officials have gone well beyond what the law allows. They cite a 2013 Supreme Court ruling that permits DNA collection only when someone is lawfully arrested for a serious crime and that the DNA is used solely for identification, not for gathering health or familial information. They contend that none of these conditions were met when their DNA was taken.

Under Illinois law, DNA can only be collected from people accused of serious crimes like murder or sexual assault, and only after a judge or jury finds probable cause. But the government has expanded its authority under the DNA Act, allowing collection from anyone arrested for any crime, regardless of severity. This broad expansion has led to millions of DNA profiles in the Combined DNA Index System (CODIS).

The lawsuit claims that technological advances have increased the sensitivity of DNA analysis, exposing more personal information than intended. It also points out that there’s no way for individuals to request the destruction of their DNA samples or profiles, which can remain in the database indefinitely. The process to expunge profiles is costly and can take years, leaving individuals vulnerable to improper access in the meantime.

Concerns Over Privacy and Surveillance

The protesters say that the real goal of collecting DNA is surveillance, not identification. They believe the government is building a massive genetic database of lawful protesters, which could be used to track and monitor individuals long after their arrest. They warn that this could set a dangerous precedent for mass surveillance of peaceful activists.

The lawsuit seeks a court declaration that the way the DNA Act is being used in their cases is unconstitutional. They also ask for their DNA samples to be destroyed, arguing that the government should not turn participation in protests into a reason for indefinite biological data collection. The protesters emphasize that such practices threaten civil liberties and privacy rights.

Overall, the case raises important questions about the limits of government authority in collecting and storing personal biological data. It also highlights the ongoing debate over how technology is used in law enforcement and the need for clear legal protections to prevent abuse.

Inspired by

• https://arstechnica.com/tech-policy/2026/05/ice-protesters-sue-to-stop-dhs-from-seizing-dna-samples/

Sources

• nytimes.com