Trump’s DHS Collecting DNA for ‘Massive Surveillance’ Effort

The Biden-era Department of Homeland Security is facing a major legal challenge over a Trump-era DNA collection program that critics say amounts to racialized mass surveillance cloaked as immigration enforcement. A new lawsuit accuses DHS of secretly hoarding genetic material from migrants — including children — while stonewalling public requests for answers.

The federal complaint, filed Monday by Georgetown Law’s Center on Privacy & Technology, the Amica Center for Immigrant Rights, and Americans for Immigrant Justice, claims DHS has been systematically ignoring public records requests about its DNA collection practices. At the heart of the legal battle: a demand for transparency in what advocates say is a sweeping and discriminatory data dragnet.

“This isn’t about immigration anymore,” said Emily Tucker, executive director of Georgetown’s privacy center. “This is about building a database that could be weaponized to target communities of color and silence dissent.”

A Quiet Expansion of Surveillance Power

The controversy centers on a little-known but rapidly growing program that collects and stores DNA from migrants — even those not accused of any crime. Since a 2019 policy shift under the Trump administration, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have been swabbing cheeks at detention centers and ports of entry, funneling the genetic data straight into the FBI’s vast DNA database, CODIS.

A recent report from Georgetown titled “Raiding the Genome” found that over 1.5 million migrant DNA profiles have been added to CODIS since 2020 — a staggering 5,000 percent increase in just three years. That information can be accessed by law enforcement nationwide. There is no formal limit on how long the data can be kept.

“We’ve seen citizens mistakenly detained. We’ve seen raids with masked agents and no badges. Now we’re seeing DNA collection without oversight,” said Stevie Glaberson, co-author of the Georgetown report. “This goes far beyond border enforcement — it’s systemic surveillance.”

DNA Collection in the Shadows

The legal dispute began last August when the groups filed a series of Freedom of Information Act (FOIA) requests asking ICE and CBP to explain how and where they collect DNA, what they do with it, and how long they keep it. But months passed with no official answers. Despite multiple follow-ups, DHS never made the legally required determination within the 20-day deadline.

Between October and January, ICE and CBP were both unresponsive to additional queries — a failure that now underpins the lawsuit.

According to the complaint, the government’s silence violates federal transparency law. It also deepens fears that DHS is building a surveillance state on the backs of vulnerable communities.

“The government is treating the bodies of immigrants as evidence,” said Daniel Melo, an attorney with the Amica Center. “If someone crosses the border and ends up in detention, their genetic code could follow them for life — with no clear limits on how it’s used.”

Political Backlash Mounts

Democratic lawmakers have increasingly raised alarms over the Trump-era rule that eliminated exemptions for asylum seekers and non-criminal detainees. Critics say the policy, enacted in 2019, turned routine border checks into biometric traps.

A 2021 study in the California Law Review found that immigrant and minority communities were disproportionately affected by DNA collection, with little government explanation or public debate.

Civil liberties advocates argue the policy was driven more by ideology than security. The lawsuit claims that DHS deliberately misleads detainees into giving up DNA and targets people of color in particular.

“They’re not just using this for deportation,” Tucker warned. “They’re using it to build a blueprint for policing, intimidation, and long-term surveillance — far beyond the border.”

DHS Response: Security Over Privacy

In a rare comment to Wired, CBP defended the program as a security necessity.

“We are not letting human smugglers, child sex traffickers, and other criminals enter American communities,” said CBP spokesperson Hilton Beckham. “We collect DNA from individuals arrested on federal charges or subject to fingerprinting.”

That explanation did little to calm critics who say the government is operating in a legal gray zone.

What’s Next?

The lawsuit asks a federal judge to compel DHS to release internal records about how DNA is collected, stored, shared, and safeguarded. It also seeks a full accounting of who has access to the data — and for how long.

Advocates warn that without intervention, the surveillance model pioneered under Trump could become permanent policy — even under a new administration.

“It’s not just about FOIA delays,” Glaberson said. “It’s about democratic oversight. It’s about civil rights. And it’s about protecting the very people this country claims to stand for.”

The case could become a flashpoint in the broader debate over privacy, immigration, and authoritarian overreach — especially as surveillance technology becomes more deeply embedded in everyday policing.

**“This is a choice,” Tucker added. “We can keep building a future of racialized surveillance — or we can demand transparency and accountability before it’s too late.”