ACLU Sues Trump Administration Over Withheld Records on Migrant DNA Collection

Washington, D.C. — The American Civil Liberties Union (ACLU) has filed a federal lawsuit against the Trump administration, alleging noncompliance with the Freedom of Information Act (FOIA) concerning the collection of DNA samples from immigrants in federal custody. The lawsuit contends that agencies such as the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) have failed to respond to FOIA requests seeking transparency on the scope, methods, and legal justifications for the DNA collection program.

Background on the DNA Collection Program

Initiated under the Trump administration, the DNA collection policy expanded the government’s biometric surveillance by mandating the collection of DNA samples from individuals detained by immigration authorities. This initiative was justified under the DNA Fingerprint Act of 2005, which allows for the collection of DNA from individuals in federal custody. However, critics argue that the application of this law to civil immigration detainees, including children, represents a significant overreach.

Reports indicate that between 2020 and 2024, CBP collected DNA from over 133,000 migrant children, some as young as four years old, and uploaded these profiles to the FBI’s Combined DNA Index System (CODIS), a database traditionally used for criminal investigations . Privacy advocates express concern over the indefinite storage of these samples and the potential for misuse, especially given that many of the individuals have not been charged with any crime.

Legal and Ethical Concerns

The ACLU’s lawsuit emphasizes the lack of transparency surrounding the DNA collection practices and the potential violation of privacy rights. The organization argues that the mass collection of genetic material from immigrants, particularly minors, without clear legal justification or oversight, undermines civil liberties and sets a dangerous precedent for government surveillance.

Additionally, the use of Rapid DNA testing technology, which can produce DNA profiles in under two hours, has been criticized for its accuracy and the lack of regulatory standards. The Electronic Frontier Foundation (EFF) has also filed lawsuits seeking information on the deployment of Rapid DNA testing at the border, highlighting concerns over the technology’s reliability and the absence of protocols for challenging test results.

Government Response and Ongoing Litigation

As of now, the Trump administration has not publicly responded to the ACLU’s lawsuit. The legal action seeks to compel the release of documents that would shed light on the extent of the DNA collection program, the populations affected, and the intended use of the genetic data.

The outcome of this lawsuit could have significant implications for the balance between national security measures and individual privacy rights, particularly concerning vulnerable populations such as immigrant children. Advocates continue to call for greater transparency and accountability in the government’s biometric data collection practices.