Homeland Security's DNA Collection Faces Legal Battle

A lawsuit has been filed against the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) concerning the collection of DNA samples from individuals arrested during protests. The plaintiffs allege violations of the First and Fourth Amendments and the Administrative Procedure Act.

The complaint asserts that federal officials collected DNA from peaceful protesters, uploaded genetic profiles to government databases, and stored samples permanently, despite most arrests not leading to convictions or involving serious offenses.

The lawsuit argues that the application of the DNA Act by federal agencies exceeds Supreme Court precedent, which permits DNA collection only under specific conditions for serious offenses confirmed by a judicial officer.

Plaintiffs contend that the DNA Act, as currently applied, allows for the collection of DNA from individuals arrested for minor infractions, expanding the scope beyond its original intent and potentially enabling broader surveillance.

Concerns were raised regarding the inability to request DNA sample destruction and the lengthy process for expungement from the Combined DNA Index System (CODIS) database, allowing continued federal access to genetic profiles.

The lawsuit also highlights a decline in privacy impact assessments by federal agencies, from 24 filings in 2024 to zero in 2026, suggesting a reduction in internal oversight mechanisms for civil liberties.