• Source:JND

In a sweeping expansion of federal surveillance powers, the Trump administration has moved forward with a proposal requiring detained immigrants, including those connected to immigration-related benefit applications, to submit DNA and other biometric data. The rule surfaced on the US Federal Register’s website, sparking alarm among privacy advocates, civil liberties groups, and immigration attorneys.

According to the proposed regulation, “any individual filing or associated with an immigration-related benefit request or other request adjudicated by DHS, regardless of age, [may be required] to appear for biometrics submission unless exempted.” If implemented, the rule would apply to a broad pool of applicants: visa seekers, green card hopefuls, citizenship candidates, and individuals requesting humanitarian protections.

Expanded Definition Of Biometrics

What qualifies as “biometrics” would expand dramatically under the proposal. Beyond traditional fingerprints and photographs, the Department of Homeland Security seeks authority to collect facial imagery, iris and retina scans, palm prints, voice samples, signatures, and partial DNA profiles.

Officials say DNA could be used to verify biological relationships for family-based petitions or assess eligibility for immigration benefits. The rule would also codify federal authority to store, share, and retain genetic information for identity verification and potential law-enforcement use.

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Limited DNA Collection No Longer The Norm

Currently, DNA collection in immigration cases is relatively uncommon and mainly used when documentary evidence of familial ties is insufficient. Applicants shoulder the cost, and refusal may harm the outcome of their petition.

That limited scope began shifting in 2019–2020 when Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) started collecting DNA from some non-citizens in custody, using the FBI’s Combined DNA Index System (CODIS). The DNA Fingerprint Act of 2005 authorises collection from individuals held in federal detention. 

Researchers at Georgetown University’s Center on Privacy and Technology recently revealed that CBP officers collected genetic material from some US citizens, including children as young as 14. “In a flagrant and alarming abuse of power, the DHS has been regularly collecting DNA from US citizens without legal justification,” said Stevie Glaberson, the center’s director of research and advocacy. He argues the practice violates Fourth Amendment protections against unreasonable search and seizure.

A May 2024 Georgetown report found that border authorities collected DNA from all migrants detained, including minors. Data provided by the agency indicates the genetic information of roughly 133,000 teens and children has been uploaded into CODIS.

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