Federal Agencies Move Forward Plan for DNA Collection

January 7, 2020

In a Privacy Impact Assessment, Customs and Border Protection and Immigration and Customs Enforcement announced a plan for the DNA collection of individuals detained at the border, including U.S. citizens. The change comes after a Department of Justice proposed rule that removed the authority of DHS components, including CBP and ICE, to exempt detained individuals from DNA collection. EPIC joined a coalition of civil liberties and immigrant rights organizations in comments to the Justice Department and urged the DOJ to rescind the proposed rule. The coalition stated the proposed rule was an "unacceptable and unnecessary privacy intrusion" that will impact not only the individual's DNA being collected but also family members, including American citizens. In an amicus brief to the Supreme Court, EPIC argued that law enforcement's warrantless collection of DNA is unconstitutional.

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