ICE Collected Nearly 1 Million DNA Samples Last Year—Including from Young Children

In the past year, U.S. Immigration and Customs Enforcement (ICE) collected DNA samples from nearly one million people, a staggering number that includes young children. These samples are not stored in a medical database; they are uploaded to the FBI’s Combined DNA Index System (CODIS), a national database designed for criminal justice. This practice, authorized by laws passed in 2005 and 2013, raises profound questions about privacy, civil liberties, and the treatment of immigrants and children.

For many, the idea that a child’s DNA could be in a criminal database is unsettling. It blurs the line between civil immigration enforcement and criminal justice, and it happens without a conviction—or even a charge. Understanding how we got here, what the law allows, and what it means for individuals and families is essential for anyone concerned about privacy and government power.

The Scale of DNA Collection

In fiscal year 2024, ICE collected DNA from approximately 1 million people. This is a dramatic increase from previous years, driven by higher border encounters and more streamlined collection processes. The samples are taken via buccal swabs—a simple cheek swab—during booking or processing at detention facilities. This includes not only adults but also children, some as young as infants, who are detained or processed through immigration channels.

The Legal Framework

The collection is not a secret operation. It is authorized by two key laws:

• The DNA Fingerprint Act of 2005: This law required federal agencies to collect DNA from all persons arrested, facing charges, or convicted. It was a response to the growing use of DNA in solving crimes.
• The Violence Against Women Reauthorization Act of 2013: This extended DNA collection to individuals detained under immigration laws. This effectively made ICE a major collector of DNA, as it processes hundreds of thousands of detainees each year.

These laws were designed to help law enforcement solve crimes and identify repeat offenders. However, they have been applied to civil immigration detainees—people who have not been charged with any crime, but are simply in the country without legal status or seeking asylum.

What Is CODIS?

The Combined DNA Index System (CODIS) is the FBI’s national DNA database. It was originally created to store DNA profiles of convicted offenders, arrestees, and forensic evidence from crime scenes. Law enforcement uses it to match DNA from crime scenes to individuals, a process called a “cold hit.” Once a profile is in CODIS, it remains there indefinitely, even if the person is never charged or is fully exonerated.

For immigration detainees, having DNA in CODIS means that if their DNA matches evidence from a crime scene—even one they had nothing to do with—they could become a suspect. This is a significant privacy concern, as it treats non-criminals as potential criminals.

The Inclusion of Children

One of the most controversial aspects is the collection of DNA from children. In immigration detention, children are often processed with their families or as unaccompanied minors. They are swabbed just like adults. Children cannot consent to this, and their parents may not have a choice. The DNA is stored in CODIS, where it can be used for criminal investigations.

This raises serious ethical questions. Children are not criminals, and they are not being charged with anything. Yet their genetic information is being added to a criminal database. This could have lifelong implications, as DNA is permanent and cannot be changed.

Privacy and Civil Liberties Concerns

Civil liberties advocates argue that collecting DNA from people who have not been convicted of a crime violates the Fourth Amendment, which protects against unreasonable searches and seizures. They also point out that the presumption of innocence is undermined when the government collects genetic data from people who are merely detained, not convicted.

Immigrant rights groups see this as a form of surveillance that stigmatizes immigrant communities. It may deter people from seeking asylum or legal status, for fear that their DNA will be used against them.

Legal scholars debate whether the “arrest” standard in the DNA Fingerprint Act applies to civil immigration detention. Some argue that the law’s language is being stretched beyond its original intent, which was to collect DNA from criminals, not from people in civil proceedings.

The Tech and Data Ethics Angle

The scale of data collection—1 million profiles per year—raises concerns about database security and potential misuse. Genetic data is highly sensitive and personal. If CODIS were breached, the information could be misused. Additionally, once a profile is in CODIS, it is very difficult to remove, even if the person is released or deported.

There is also the question of informed consent. In many cases, detainees may not fully understand what is happening when they are swabbed. They may be told it is routine, but they may not realize that their DNA will be stored in a criminal database indefinitely.

Common Misunderstandings

• “DNA collection means you have a criminal record”: Not true. CODIS contains profiles of arrestees and detainees, not just convicts. A person can be fully exonerated or never charged, yet their DNA remains.
• “ICE is doing this secretly”: The practice is authorized by law and has been reported on for years, but the scale (1 million) is new and may surprise people. It is not covert, but it is under-publicized.
• “Children are being swabbed at school”: No. The collection happens in immigration detention and processing facilities, not in public settings. However, children in ICE custody are indeed subject to it.
• “DNA is only used for identification”: CODIS profiles are used for forensic matching; they can link a person to a crime scene, even if they are innocent.

The collection of nearly 1 million DNA samples by ICE, including from young children, is a significant expansion of government surveillance. While it is authorized by law, it raises serious privacy and civil liberties concerns. As genetic data becomes more central to law enforcement, it is crucial to have a public conversation about the balance between public safety and individual rights. For now, the DNA of immigrants and their children is being stored in a criminal database, with little oversight and few options for removal.

Summary

• ICE collected DNA from nearly 1 million people in the past year, including children, and uploaded it to the FBI’s CODIS database.
• The collection is authorized by the DNA Fingerprint Act of 2005 and the Violence Against Women Reauthorization Act of 2013.
• DNA is collected via buccal swabs from civil immigration detainees, not just criminals, raising privacy concerns.
• Children in immigration custody are swabbed, and their DNA is stored indefinitely in a criminal database.
• Critics argue this violates the Fourth Amendment and undermines the presumption of innocence, while supporters see it as a public safety tool.

FAQ

Q: Is it legal for ICE to collect DNA from children?
A: Yes, under current law. The DNA Fingerprint Act of 2005 and the Violence Against Women Reauthorization Act of 2013 authorize DNA collection from all individuals detained by federal authorities, including immigration detainees and minors in custody.

Q: Can parents refuse to have their child’s DNA collected?
A: In practice, refusal is not an option. DNA collection is mandatory for all detainees, and refusal could lead to additional legal consequences or delays in processing.

Q: What happens to the DNA after it is collected?
A: The DNA profile is uploaded to CODIS, the FBI’s national DNA database. It is used for forensic matching in criminal investigations and remains in the database indefinitely, even if the person is released or deported.

Q: Does having DNA in CODIS mean you are a criminal?
A: No. CODIS contains profiles of arrestees and detainees, not just convicted criminals. Many people in CODIS have never been charged with a crime.

Q: Can a person request to have their DNA removed from CODIS?
A: It is very difficult. There is no standard process for removal, and once a profile is in CODIS, it is typically kept permanently. Some legal challenges have been made, but success is rare.