ICE is collecting DNA from detainees for future policing

Key takeaways

DHS has significantly increased DNA collection from detainees, contributing massively to the national DNA database.
The practice includes collecting DNA from minors and people without criminal suspicion, raising legal and ethical concerns.
Current policies may be unconstitutional, lacking proper judicial oversight, especially outside of criminal arrest contexts.
Legal challenges are emerging that question the legitimacy and scope of these DNA collection practices.
The use of DNA in immigration enforcement raises serious privacy and civil liberties issues that warrant public and judicial scrutiny.

Summary

Government's Increased DNA Collection at Immigration Detention

The podcast discusses the significant escalation in DNA collection by Immigration and Customs Enforcement (ICE), which now contributes a large portion of the national criminal DNA database, CODIS. Since a policy change during the Trump administration in 2020, DHS has been actively collecting DNA from individuals it detains—sometimes including children as young as four—and sending this genetic data to the FBI. This practice has expanded rapidly, with DHS adding 3.3 million new profiles in recent years, making up about a third of the entire database by 2030. The collection occurs even from individuals who are lawfully seeking asylum or are otherwise lawfully present in the country, raising serious legal and ethical questions.

Legal and Ethical Concerns About DNA Collection Practices

The episode explores the constitutionality of DHS's DNA collection practices, referencing the Supreme Court case Maryland versus King, which limited DNA collection to individuals arrested on probable cause for serious crimes. The current practices, however, lack the safeguards of judicial review and extend to people with no criminal suspicion, including asylum seekers and children. Critics argue that this violates constitutional protections and constitutes a government overreach. The practice also risks infringing on citizens' rights and privacy, especially with the collection of DNA from minors and individuals not formally charged with crimes.

Legal Challenges and Potential Implications

A case named Briggs versus Mullen has been filed against DHS, arguing that collecting DNA from protesters during a police operation was unconstitutional. This ongoing legal challenge highlights concerns about the scope and oversight of DNA collection practices. The episode underscores the potential for this genetic data to be used in criminal investigations beyond their original intent, creating a 'perpetual genetic lineup' that could impact individuals’ privacy rights and civil liberties.

Show notes

Immigration and Customs Enforcement may be responsible for collecting the DNA of nearly a million people in 2025. The genetic material is then sent to the FBI, where it can be stored for future policing. That’s according to an updated report from Georgetown Law’s Center on Privacy and Technology.

Marketplace’s Meghan McCarty Carino spoke with Stevie Glaberson, a co-author of the report, about the DNA collection practice — and its legal implications.

More on this:

Raiding the Genome: How the United States Government Is Abusing Its Immigration Powers to Amass DNA for Future Policing | Center on Privacy and Technology | Georgetown Law from Georgetown Law

ICE Collected Nearly 1 Million People’s DNA Last Year—Including Young Children | WIRED from Wired