How the DHS Has Been Secretly Collecting DNA from Americans
318For years, the Department of Homeland Security (DHS) has been quietly collecting DNA samples from American citizens, including children, without much public awareness. These samples are then sent to the FBI’s crime database, known as CODIS. This practice raises questions about legality and oversight since Congress never officially authorized such widespread DNA collection from civilians.
The Hidden DNA Collection Program
Government data shows that between 2020 and 2024, DHS collected the DNA of nearly 2,000 Americans. This includes people of all ages, with some as young as 14 and others in their 90s. Many of these individuals were never charged with a crime, yet their genetic material ended up in the FBI’s system. In some cases, agents used civil penalties as justification for taking DNA, even though federal law reserves such procedures for criminal arrests.
Experts believe this program operates outside the bounds of current laws and oversight. Critics argue that broad discretion given to CBP officers allows them to take DNA from anyone they encounter, turning a law enforcement tool intended for criminal investigations into a mass surveillance system. Once someone’s DNA is in the database, they could face increased scrutiny from law enforcement for life.
The Expanding Scope of DNA Use
Traditionally, CODIS was designed to help solve violent crimes by matching DNA profiles from criminals. But recent policy changes and shifts in immigration enforcement have expanded its use. Data released earlier this year revealed that DHS and Immigration and Customs Enforcement (ICE) have been systematically funneling cheek swabs from immigrants, border detainees, and even U.S. citizens into CODIS. This expanded use now includes individuals held on civil grounds, not just those accused of crimes.
The scale of this collection is staggering. Since 2020, DHS has contributed roughly 2.6 million DNA profiles to CODIS. Nearly all of these—about 97 percent—were obtained under civil authority. By late 2024, the number of profiles in the “detainee” index surpassed 2.3 million, and it’s expected to grow significantly. Experts estimate that by 2034, DHS could account for one-third of all profiles in the FBI’s database.
Legal and bureaucratic changes fueled this expansion. In April 2020, the Justice Department revoked a long-standing waiver that allowed DHS to skip DNA collection from immigration detainees. Later that year, the FBI approved new rules for rapid DNA testing at booking stations, enabling quick uploads of profiles into CODIS. FBI Director Christopher Wray warned in 2023 that these changes overwhelmed the system, creating backlogs and risking the release of detainees before their DNA could be processed.
Concerns About Privacy and Oversight
Many critics see this as a dangerous shift. Lawmakers and oversight bodies have expressed concern about the lack of transparency and safeguards. The DHS inspector general found years ago that DHS lacked proper oversight of its DNA collection efforts, and that noncompliance could undermine public safety.
Senator Ron Wyden has raised alarms about why children’s DNA is being collected and whether the system has safeguards against improperly obtained samples. Rights advocates argue that this program has turned into a mass surveillance operation, capturing DNA from migrants, travelers, and citizens alike, often without clear legal justification or public knowledge.
Once DNA profiles are uploaded to CODIS, the physical samples are retained indefinitely. There’s little oversight or procedures to remove profiles if the legal basis for their collection is questioned later. Groups like Georgetown Law’s Center on Privacy & Technology have sued DHS for refusing to release detailed records about the program, highlighting how little is known about how DNA is stored, used, or shared.
The overall picture suggests that what was once a forensic tool is becoming a broad surveillance archive. It’s collecting genetic data from a wide array of people, with minimal checks and balances. Critics argue that this ongoing expansion threatens civil rights and privacy, emphasizing the need for greater transparency and legal safeguards.
There’s still much we don’t know about DHS’s DNA collection activities. Advocates say the public has a right to understand how their genetic information is being used and stored, and they plan to keep fighting for transparency.
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