Trump Faces Lawsuit Over Privacy Concerns Linked to DNA Collection from Immigrants

The Trump administration has increasingly utilized DNA technology to locate and detain immigrants, including children. However, immigration advocates express concerns over the lack of transparency regarding how the government is handling and overseeing this genetic information. In response, three advocacy groups initiated a lawsuit against the Department of Homeland Security (DHS) after attempting to obtain records related to this data collection program since last summer, during the Biden administration. The organizations involved in the lawsuit include the Georgetown Law Center on Privacy & Technology, which specializes in privacy and surveillance law, as well as the Amica Center for Immigrant Rights and Americans for Immigrant Justice.

These groups detail their ongoing communications with DHS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) since they first requested information about DNA collection from noncitizens on August 1, 2024. According to the Georgetown center, DHS has significantly ramped up its DNA collection initiative since 2020, increasing its contributions to the FBI’s CODIS database by an astounding 5,000%, making it the largest contributor. This database, accessible to law enforcement across the nation, raises alarms among civil rights advocates. Stevie Glaberson, director of research and advocacy at the Georgetown center, criticized DHS for gathering DNA from individuals who have not been accused of any crime without adhering to expected legal constraints.

Daniel Melo, a senior attorney with Amica’s Immigration Impact Lab, pointed out that previous administrations had also collected DNA, spurred by a 2005 law mandating federal agencies to do so from individuals in custody, including noncitizens. However, prior to 2020, the Justice Department did not require DHS to routinely collect DNA from all noncitizens detained. The Biden administration revised rules to ensure compliance with the 2005 law, yet whistleblowers have reported inconsistent adherence. Privacy groups remain skeptical about the implications of this DNA collection, as it risks creating extensive surveillance networks targeting noncitizen communities.

They argue that DHS’s actions resemble experimentation on these populations, raising concerns that such practices could eventually extend to the general public.