Full Report
Internal documents show ICE's DNA collection has skyrocketed in the second Trump administration. Now hundreds of thousands of people never convicted of a crime are in an FBI criminal database forever.
Analysis Summary
# Regulation/Compliance: DNA Collection and Submission Program (DNA-C)
## Overview
This compliance requirement mandates the collection of DNA samples from individuals in federal custody, specifically noncitizens detained by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The program shifts the use of DNA from a tool for criminal conviction verification to a widespread identification and surveillance mechanism, funneling genetic profiles into the FBI’s criminal database (CODIS).
## Key Details
- **Issuing Authority:** Department of Homeland Security (DHS) / Department of Justice (DOJ)
- **Effective Date:** Program significantly expanded/accelerated in early 2025
- **Jurisdiction:** United States Federal (Immigration and Border Enforcement)
- **Status:** In Effect (Mandated via the DNA Sample Retention Act/CODIS regulations)
## Requirements
### Mandatory Requirements
1. **DNA Swabbing:** ICE/CBP officers must collect buccal (cheek) swabs from detained noncitizens subject to fingerprinting.
2. **Database Submission:** Genetic profiles must be uploaded to the FBI’s Combined DNA Index System (CODIS) "Detainee Index."
3. **Registration Compliance:** Noncitizens must submit to biological data collection as a condition of federal custody/probation check-ins.
4. **Indefinite Retention:** Physical DNA samples and digital profiles must be stored indefinitely in federal laboratories and databases.
### Recommended Practices
1. **Relationship Verification:** Use separate, rapid DNA testing protocols solely for verifying family claims (distinct from CODIS criminal database swabbing).
2. **Informed Consent Notification:** While mandatory, officers are trained to provide notice of the legal requirement to provide a sample.
## Affected Organizations
- **Industries:** Government Agencies (DHS, ICE, CBP), Federal Law Enforcement (FBI), Federal Contractors (Private Detention Centers).
- **Organization Size:** All federal immigration field offices and detention facilities.
- **Geographic Scope:** All U.S. ports of entry, border sectors, and interior ICE field offices (e.g., Waco, Texas; Dilley, Texas).
## Compliance Timeline
- **2020-2021:** Initial pilot and marginal collection (approx. 20,000 samples).
- **March 2025:** Aggressive enforcement and prosecution for refusals begin.
- **December 2025:** CODIS Detainee Index reaches over 3.3 million profiles.
- **Ongoing:** Daily collection rate of approximately 2,700 individuals.
## Implementation Guidance
### Assessment Phase
- Identify all detainees currently in custody who have been fingerprinted but not yet swabbed.
- Review current detention facility protocols to ensure DNA collection kits are stocked and personnel are trained.
### Implementation Phase
- **Physical Collection:** Administer buccal swabs during intake or routine check-ins.
- **Logistics:** Transport physical samples to federal laboratories for processing.
- **Data Entry:** Upload resulting genetic markers to the CODIS "Detainee" sub-index.
### Validation Phase
- **Audit Logs:** Compare fingerprint records against DNA submission records to ensure 100% compliance.
- **Legal Review:** Verify that individuals are not exempt under specific humanitarian or legal carve-outs.
## Technical Requirements
- **CODIS Integration:** Systems must interface with the FBI’s Combined DNA Index System.
- **Buccal Swab Kits:** Standardization of collection tools to ensure sample integrity for genomic sequencing.
- **Laboratory Standards:** Adherence to federal DNA laboratory quality assurance standards for profile generation.
## Penalties & Enforcement
- **Fines:** Potential federal fines for non-compliance with lawful orders.
- **Other Consequences:**
- Criminal charges for "refusing to provide DNA while in federal custody" (Misdemeanor).
- Impact on immigration status or future legal relief.
- Extended detention for those refusing to cooperate with biometric processing.
- **Enforcement:** Prosecution by the Department of Justice; magistrate judges have begun sentencing individuals to "time served" and recording criminal convictions for DNA refusal.
## Related Standards
- **DNA Backlog Elimination Act of 2000:** The underlying legislative framework for expanding DNA collection.
- **NIST Special Publication 800-122:** Standards for Protecting Personally Identifiable Information (PII), though national security/law enforcement exemptions often apply.
## Resources
- **Official Documentation:** [fbi[.]gov/services/laboratory/biometric-analysis/codis]
- **Guidance Documents:** DHS DNA Collection Policy memoranda (FOIA-derived).
- **Tools:** Georgetown Law’s "Raiding the Genome" research report.
## Practical Recommendations
- **Legal Counsel:** Organizations representing detainees should prepare for increased misdemeanor charges related to DNA refusal.
- **Policy Transparency:** Facilities should clearly distinguish between DNA for "Relationship Testing" and DNA for "CODIS Criminal Database Entry" to avoid administrative errors.
- **Records Management:** Ensure strict chain of custody for DNA samples to prevent legal challenges during prosecution.