DNA Collection Practices by DHS Put People’s Privacy at Risk

 Posted on October 03, 2025 in Criminal Defense

In recent years, many people have become concerned about overreach by law enforcement agencies. In many cases, federal or state agencies are engaging in surveillance of people who have not been charged with crimes, including immigration officials who track U.S. citizens and lawful permanent residents. One recent report has raised concerns about the collection of people’s DNA and the storage of their information in a database related to violent crimes. This could lead to issues such as the investigation or even prosecution of people who have not committed any criminal acts.

As government agents engage in the surveillance of more and more people, the possibility of false arrests and criminal charges may increase. People who are caught up in these cases may struggle to determine what steps they can take to protect their rights and avoid serious penalties. An attorney with experience in federal criminal cases can provide legal representation in these cases, helping determine how to defend against criminal convictions and address violations of people’s rights.

CBP Engages in Unauthorized Collection of DNA Samples

The federal government may collect and track information about people who are suspected of violating the law. However, there are limits on what types of data can be collected and saved. Studies have found that many government officials are ignoring these rules and engaging in mass surveillance of U.S. citizens, lawful permanent residents, and immigrants. While some of these activities are part of the current efforts to crack down on illegal immigration by the administration of President Donald Trump, some actions by government agencies stretch back to previous presidential administrations.

One of the most troubling recent trends was uncovered in a report by Georgetown Law’s Center on Privacy and Technology. This report found that the Department of Homeland Security (DHS), including agents working for Customs and Border Patrol (CBP), has been gathering DNA samples and storing them in a database known as CODIS that is maintained by the Federal Bureau of Investigation (FBI).

The purpose of CODIS is to track information that could be used in investigations of violent crimes. However, the data being collected and tracked by DHS has nothing to do with violent crimes in the vast majority of cases. It includes data from swabs taken by CBP of people who have been detained or held. Since 2020, DHS has added at least 2.6 million profiles to CODIS. The majority of these profiles include immigrants, but the report found that more than 2,000 U.S. citizens have been added to the database.

In a large number of cases, the people whose DNA has been gathered have not been charged with any crimes. Instead, they have been accused of civil infractions. In some cases, agents have not provided any information about why a person’s DNA was collected and stored. There are few checks being performed to ensure that the actions taken by DHS to collect and save DNA data are being conducted based on legitimate purposes.

Because the data being collected is saved in a database used by the FBI to investigate crimes, innocent people may be caught up in these investigations. False matches or clerical errors could lead to arrests, criminal charges, questioning, surveillance, or other invasive actions. These efforts may also put legitimate criminal investigations at risk, since they have led to tens of thousands of submissions to the CODIS database each month and a backlog of more than 650,000 unprocessed DNA kits. As the Trump administration increases its immigration enforcement efforts, and law enforcement officials ignore rules meant to protect people’s rights, it is likely that more violations will occur that will put people at risk.

Contact Our Hartford Federal Crimes Attorneys

Because of the practices followed by government officials, people may be investigated or charged with crimes when they have done nothing wrong. Immigrants may face serious penalties that could affect their legal status in the United States. People who are being investigated by the FBI or other agencies for federal crimes or other offenses will need to understand what steps they can take to protect their rights.

At Woolf & Ross Law Firm, LLC, our Connecticut federal criminal defense lawyers can provide representation for people in these situations. With our knowledge of the law and our dedication to protecting people’s rights, we can address government overreach and work to minimize the penalties that our clients may face. Contact us at 860-290-8690 to arrange a free consultation today.