New findings show that DNA samples are being collected from detained anti-ICE protesters, even at times when no criminal charges have been filed.
In recent months, at least six people in Illinois, Oregon, and Minnesota have reported similar experiences of being detained after filming or protesting ICE activity and having their DNA collected, NPR reports. In sworn statements tied to lawsuits over the Trump administration’s immigration enforcement practices, they say they were arrested without clear provocation and that officers took what appeared to be DNA samples.
“Are six cases enough to be concerned as a pattern? I think yes, because history tells us that what law enforcement is permitted to do, they tend to do more of,” said Erin Murphy, a law professor at New York University.
The federal government has broad authority to collect DNA from people who have been arrested or are facing charges. A Department of Homeland Security spokesperson said federal law requires law enforcement to gather DNA samples in such cases. However, legal experts argue that this authority may be overly expansive.
“What law enforcement would say is, ‘these were people that were facing charges,’” Murphy said. “What are the charges they’re facing if it’s civil immigration authorities doing what seems to be unlawful interference with First Amendment rights? Even if that’s the asserted basis, is that constitutional? I think the answer should be clearly no.”
While laws permit DNA collection—such as a 2013 Supreme Court ruling upholding it for certain arrests—those decisions included limits, like requiring a lawful arrest tied to a serious crime. Stanford law professor Orin Kerr says the key issue now is whether the arrests of ICE protesters were legally justified in the first place.
“What you worry about is an officer making a decision in the field that a person committed a crime when they might not have. Maybe they were doing something protected under the First Amendment,” Kerr said. “The officer says, ‘I think you crossed the line, I’m going to arrest you.’ It turns out the officer was wrong, but the DNA test has been conducted, and the information has been entered into the database. What then?”
The concern centers on how sensitive DNA is, as it can reveal ancestry, health risks, and even personal traits. Experts warn that such data could be misused, not just affecting individuals, but entire families. As Murphy put it, collecting someone’s DNA is like accessing their entire family tree, including future generations.
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