Controversy Over the US Storing Migrant Children’s DNA in Criminal Databases

The United States government has collected and stored DNA samples from over 133,000 migrant children and teenagers, including a 4-year-old, in a national criminal database maintained by the FBI. This information comes from documents reviewed by WIRED, revealing the extent of Customs and Border Protection’s (CBP) DNA collection program, which affects even the most vulnerable migrants.

These records, released earlier this year, provide a comprehensive view of how deeply biometric surveillance has penetrated the lives of migrant children—individuals who often haven’t even mastered basic skills like reading. The genetic data of these children is now part of a system designed for tracking convicted criminals, such as sex offenders and violent offenders.

The Department of Justice has defended this DNA collection as a means to assess the potential danger posed by migrants and to aid in solving future crimes. However, experts express concern about the indefinite storage of these children’s genetic material. They fear that, lacking proper regulations, such mass collection might lead to extensive profiling and surveillance.

Between October 2020 and December 2024, the CBP swabbed between 829,000 and 2.8 million individuals, with estimates suggesting that the net figure exceeds 1.5 million. Among these, 133,539 were minors. This surge in biometric data collection primarily targets migrants and illustrates a broader trend of expanding surveillance at the border.

DNA samples gathered by CBP are cataloged in the Combined DNA Index System (CODIS), utilized by law enforcement agencies to identify suspects linked to past crimes. One notable case involves a 4-year-old Cuban child who, after being swabbed for DNA while in custody for lack of documentation, had their entire genetic code sent for processing.

While the Department of Homeland Security typically exempts minors under 14 from DNA collection, exceptions can be made based on specific circumstances, leading to troubling implications for young children. Many of the minors from whom DNA was collected had no criminal charges against them. In some cases, American citizen minors were also included in this data collection, even when not arrested for any crime.

Experts criticize this collection as “horribly dystopian,” questioning the justification for collecting the DNA of children who are unlikely to have committed any crimes. With the CBP’s role being to manage initial border apprehensions, the program’s extension into genetic surveillance raises significant ethical and privacy concerns.

The expansion of DNA collection began significantly after a 2020 Department of Justice rule altered regulations that had previously exempted civil immigration detainees from DNA collection. While CODIS can be a valuable tool for solving serious crimes, apprehensions arise when innocent individuals—especially children—are included based on the assumption that they might commit crimes in the future.

Critics argue that this approach frames all people crossing the border, regardless of their background or current status, as suspects. The ethics of retaining DNA profiles of those who have not committed any offenses is questioned, especially when they have not been linked to any criminal activity.

As DNA collection accelerated under the Biden administration, with documented spikes in submissions to CODIS, the implications of treating migrants, including children, as potential criminals are becoming increasingly controversial. The Department of Justice maintains that this collection is crucial to identifying criminals, despite the troubling reality that many of those whose DNA is stored have no criminal record.

Storing genetic data poses risks for future use, as critics point out the potential for government agencies to exploit this information for other purposes beyond criminal identification. The indefinite retention of such sensitive material, particularly for children, underscores the profound privacy and ethical issues entwined with genetic surveillance practices in the context of immigration enforcement.

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