For years, Customs and Border Protection agents have been quietly harvesting DNA from American citizens, including minors, and funneling the samples into an FBI crime database, government data shows. This expansion of genetic surveillance was never authorized by Congress for citizens, children, or civil detainees.
According to newly released government data analyzed by Georgetown Law’s Center on Privacy & Technology, the Department of Homeland Security, which oversees CBP, collected the DNA of nearly 2,000 US citizens between 2020 and 2024 and had it sent to CODIS, the FBI’s nationwide system for policing investigations. An estimated 95 were minors, some as young as 14. The entries also include travelers never charged with a crime and dozens of cases where agents left the “charges” field blank. In other files, officers invoked civil penalties as justification for swabs that federal law reserves for criminal arrests.
The findings appear to point to a program running outside the bounds of statute or oversight, experts say, with CBP officers exercising broad discretion to capture genetic material from Americans and have it funneled into a law-enforcement database designed in part for convicted offenders. Critics warn that anyone added to the database could endure heightened scrutiny by US law enforcement for life.