US Immigration Adds Children’s DNA to Criminal Database
Since 2020, US Customs and Border Protection has collected DNA from more than 130,000 minors, some as young as four, and added their profiles to the FBI’s CODIS criminal database. This expansion follows policy changes removing previous exemptions, raising ethical and privacy concerns about genetic surveillance and indefinite data retention without criminal charges.
In a startling development, U.S. immigration authorities have been collecting DNA samples from detained minors, including children as young as four years old, and adding their genetic profiles to the FBI’s Combined DNA Index System (CODIS). This database, traditionally used for criminal investigations, now holds over 130,000 DNA profiles from children and teenagers, raising profound ethical and privacy concerns.
CODIS stores DNA profiles from convicted offenders, unsolved crime scenes, and missing persons, serving local, state, and federal law enforcement agencies. However, since 2020, the U.S. Customs and Border Protection (CBP) has significantly increased its DNA collection efforts from immigrants detained under its authority, contributing between 829,000 and 2.8 million samples to CODIS by the end of 2024.
This surge followed a 2020 Department of Justice policy update that removed exemptions allowing the Department of Homeland Security to avoid DNA collection mandates. CBP responded with a pilot program initially targeting detainees aged 14 to 19 but has since exercised discretion to collect samples from younger children, including toddlers and infants.
One documented case involved a 4-year-old child in El Paso, Texas, whose DNA was sent to the FBI for processing. The CBP defends this practice as a necessary tool to combat human smuggling, child sex trafficking, and other crimes, aiming to secure U.S. borders by identifying individuals entering the country.
Critics, including privacy advocates and legal experts, argue that collecting DNA from minors without criminal charges is morally questionable and potentially unconstitutional. The broad and vague definition of 'detained' in immigration law allows CBP and ICE to collect DNA without judicial oversight or constitutional safeguards, unlike in the criminal justice system.
The indefinite retention of these genetic materials under the 'offender' label in CODIS means that these children, their families, and communities may be subjected to lifelong surveillance. This practice raises urgent questions about privacy rights, the ethics of genetic data use, and the potential for misuse in immigration enforcement.
The rapid expansion of DNA collection by immigration authorities has also contributed to a 5,000 percent increase in samples submitted to CODIS by ICE and CBP since 2020. For example, on a single day in January 2024, officers in Laredo, Texas, submitted nearly 4,000 DNA samples, including over 250 from individuals aged 17 or younger.
This unprecedented growth in biometric data collection is fueling the expansion of CODIS, which already contains over 23 million DNA profiles. The FBI has requested increased funding to maintain this system, indicating that the scale of genetic surveillance is likely to grow further.
In summary, the U.S. government's practice of collecting and indefinitely storing DNA from detained immigrant children, including very young minors, represents a significant expansion of biometric surveillance. This raises critical concerns about privacy, civil liberties, and the ethical use of genetic information in immigration enforcement.
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