What is the main concern about DNA collection by US immigration authorities?

The main concern is the inclusion of children and individuals without criminal convictions in the FBI's national database, raising issues of consent and oversight.

Why is the inclusion of minors in the DNA database controversial?

The inclusion of minors is controversial because their genetic information is retained in a criminal investigation system despite not being accused or convicted of a crime.

CODIS is the Combined DNA Index System used by law enforcement agencies to store and search DNA profiles for links to criminal investigations.

What legal framework allows DNA collection from non-US citizens?

The legal framework is based on a 2020 Justice Department rule implementing powers from the DNA Fingerprint Act of 2005, allowing DNA collection from certain non-US citizens in federal custody.

Civil Rights Alarm as ICE Rapidly Expands DNA Collection That Stores Innocent Children's Records at FBI

A sweeping expansion of DNA collection by ICE is raising civil rights concerns ICE Instagram Photo

US immigration authorities have triggered an unprecedented civil rights backlash following the rapid expansion of federal genetic data collection, which added nearly 920,000 profiles to the FBI's national system in 2025.

This was done through a rapid expansion of Immigration and Customs Enforcement (ICE) collection powers, triggering alarm among civil liberties groups over the inclusion of children and people with no criminal convictions.

The genetic data is now stored in a system used by law enforcement to investigate serious crimes, raising urgent questions about scope, consent and oversight. The scale of the programme has changed the way immigration enforcement agencies collect and use genetic information.

Research from Georgetown Law's Centre on Privacy and Technology found that the Department of Homeland Security had already contributed more than 2.6 million DNA profiles to the FBI's Combined DNA Index System (CODIS) by April 2025. Alarmingly, more than 133,000 of those records belong to children and teenagers, including some as young as four years old.

Children Caught in Expanding DNA Dragnet

The inclusion of minors has become one of the most controversial aspects of the policy. Data examined by researchers showed that DNA had been collected from more than 133,000 migrant children and teenagers, while government records included children below the age at which routine collection is generally expected.

The records have raised questions about why children's genetic information should be retained in a criminal investigation system when they have not been accused or convicted of a crime.

The concerns are heightened by the nature of the information being collected. A DNA profile can be used to compare an individual against biological evidence connected to unsolved crimes. The FBI says CODIS allows participating law enforcement agencies to search DNA profiles and identify possible links to investigations, making inclusion in the system potentially significant long after an immigration case has ended.

From Immigration Enforcement to Crime Database

The legal framework behind the programme dates back to a 2020 Justice Department rule implementing powers granted under the DNA Fingerprint Act of 2005.

The rule authorised the Department of Homeland Security (DHS) to collect DNA from certain non-US citizens held in federal custody and directed that the resulting profiles be entered into CODIS.

That authority has produced a sharp increase in the number of immigration-related profiles entering the FBI system.

Georgetown researchers found that DHS submissions rose by thousands of per cent compared with earlier years, with most of the profiles coming from people held under civil immigration authority rather than as a result of criminal convictions.

The distinction is central to the civil rights debate because unlawful presence in the United States is generally an immigration matter rather than a criminal conviction.

Fears Over Permanent Genetic Records

Privacy advocates have also questioned how long the information remains available and how widely it can be used.

Georgetown's research found that profiles submitted by DHS enter the same national system used by law enforcement rather than a separate database specifically for immigration cases.

The organisation warned that genetic information collected through immigration enforcement could therefore become part of a much broader policing infrastructure.

Government officials have defended DNA collection as a tool for identification, public safety and crime investigation.

The FBI describes CODIS as an important resource for matching DNA from individuals against evidence from unsolved cases. But the rapid growth of the system, particularly the inclusion of children and people who have not been convicted of crimes, has prompted calls for greater transparency, stronger safeguards and clearer rules governing collection and retention, according to the FBI DNA database information.