The Trump administration will start gathering immigration detainees' DNA


The Trump administration introduced a Department of Homeland Security proposal aimed at expanding biometric collection for immigration processes. The plan would widen the government's authority to gather physical and biological identifiers from a much broader population of non-US citizens than before, including children and those only indirectly connected to an immigration filing. Under the proposed system, DHS would not limit data gathering to standard fingerprints but would incorporate genetic material, iris scans, facial mapping, voice analysis, and additional behaviour-based identifiers. The scope of collection would apply both during immigration paperwork reviews and when a non-citizen is detained by immigration enforcement units, creating an ongoing monitoring system rather than a one-time requirement.

A core element of the proposal focuses on enabling DHS to collect and store DNA data on a routine basis. This genetic information would be used for confirming identity, verifying family links, and supporting law-enforcement activities. The rule would allow the government to catalogue DNA for long-term retention and sharing across federal systems. At present, DNA tests in immigration cases are narrow in use, such as when applicants attempt to prove biological relationships and documentation is insufficient. Those tests have historically been voluntary, but can influence the outcome of a case if declined. DNA collection has also occurred among some individuals in immigration custody under a program linked to the FBI’s national database, operating through provisions of a 2005 law allowing genetic gathering from people held by federal authorities. Standard immigration paths such as visas, asylum, and naturalisation do not currently include mandatory DNA collection, meaning this proposal would represent a major departure from existing practice.

The initiative stands in contrast to earlier federal positions. During the Obama administration, officials determined that collecting genetic samples from large populations in immigration detention was impractical. The present proposal directly challenges that conclusion by asserting both capability and necessity for expanded genetic screening.

Legal specialists anticipate forceful litigation. Issues expected to emerge in court include privacy protections under the US Constitution, limits on federal power in non-criminal contexts, data-storage and misuse concerns, and the precedent this could set for genetic tracking. Because the proposal touches millions of people and applies beyond contexts involving crimes, analysts believe disputes over it are likely to escalate through the federal judiciary and could ultimately require resolution by the US Supreme Court.


 

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