Immigration and Customs Enforcement collected DNA from nearly 1 million individuals last year, including young children, according to internal documents. The surge in collection marks a dramatic expansion of a federal database that now holds genetic profiles of hundreds of thousands of people never convicted of a crime.

What You Need to Know

The DNA collected by ICE is entered into the FBI's Combined DNA Index System (CODIS), a database originally designed for convicted criminals. Under the second Trump administration, ICE has expanded collection to include virtually all detainees, including children as young as infants. The policy has drawn sharp criticism from civil liberties groups who argue it exceeds statutory authority and violates privacy rights. Legal challenges are expected as the program continues to grow.

Skyrocketing Collection Under New Policies

Internal documents obtained by advocacy groups show ICE's DNA collection has skyrocketed since 2025. The agency collected nearly 1 million DNA samples last year alone, a sharp increase compared to previous years. The expansion is driven by a reinterpretation of the DNA Fingerprint Act of 2005, which ICE now applies to all individuals it detains, including those held for minor immigration violations and children traveling with family members.

Children Included in Federal Database

The inclusion of young children represents one of the most controversial aspects of the program. ICE collects DNA from children as young as infants through buccal swabs, often without parental consent. These profiles are then uploaded to the FBI's database, where they remain indefinitely. Critics say this practice violates the Privacy Act and could stigmatize children who have committed no crime.

Privacy and Legal Concerns

Civil liberties organizations have raised alarms about the program's scope and lack of oversight. The collection of DNA from individuals never convicted of a crime, including children, raises constitutional questions under the Fourth Amendment. Legal experts argue that the program may exceed the statutory limits of the DNA Fingerprint Act, which was intended for convicted offenders and certain arrestees, not immigration detainees or minors. The government, however, maintains that the collection is lawful and necessary for identity verification and criminal investigations.

  • Privacy violations: The collection and permanent storage of DNA from non-convicted individuals, including children, undermines privacy expectations.
  • Expansion of CODIS: The FBI database, originally for serious offenders, now contains genetic profiles of immigration detainees.
  • Legal ambiguity: The reinterpretation of the 2005 act faces likely court challenges over its application to children and non-criminal detainees.

Why This Matters

The expansion of DNA collection by ICE marks a significant shift in the government's use of biometric data. If left unchallenged, it could set a precedent for collecting genetic information from broader populations without criminal suspicion. For immigrant families, the program means that even minor encounters with ICE can result in a permanent genetic record. The potential for misuse, including familial searching and data sharing with other agencies, heightens concerns about a slippery slope toward mass surveillance. The outcome of expected litigation will shape the boundaries of government DNA collection for years to come.