The U.S. Is Keeping Migrant Children’s DNA in a Criminal Database

The United States government has recently come under scrutiny for its extensive collection of DNA samples from over 133,000 migrant children and teenagers, as revealed in documents reviewed by WIRED. Among the individuals impacted is a 4-year-old child, whose genetic data has been entered into a national criminal database utilized by various law enforcement agencies at local, state, and federal levels.

The data, which was released by the U.S. Customs and Border Protection (CBP), provides unprecedented insight into the agency’s controversial DNA collection program. This initiative raises significant concerns regarding the extent of biometric surveillance encroaching upon the lives of vulnerable migrant populations, particularly children who are still mastering basic skills yet whose DNA now resides in a system designed primarily for convicted felons.

The Department of Justice has defended this practice, arguing that comprehensive DNA collection at the border serves to evaluate potential threats to public safety and aids in the preemptive identification of individuals who may commit crimes in the future. However, experts warn that without stringent regulations, the indefinite storage of children’s genetic information could lead to broad implications for profiling and surveillance beyond its original scope.

Between October 2020 and the end of 2024, it is estimated that CBP conducted DNA swabs on between 829,000 and 2.8 million individuals, with projections suggesting that the real number could exceed 1.5 million. This includes an alarming total of approximately 133,539 minors, highlighting a vast increase in biometric monitoring specifically targeting migrant communities.

The DNA samples are cataloged in the Combined DNA Index System (CODIS), a comprehensive database overseen by the FBI. CODIS facilitates the comparison of genetic data obtained from crime scenes or past offenders to identify potential suspects, effectively merging the realms of forensic science and law enforcement.

For example, on May 10, 2024, records show that agents from the El Paso field office swabbed the mouth of a detained individual identified as a Cuban migrant. This individual, recorded as being just 4 years old, provided a complete DNA profile which was subsequently forwarded to the FBI for processing.

Among the minors whose DNA has been collected, data indicates that at least 227 were aged 13 or younger, with the youngest being the 4-year-old. While Department of Homeland Security (DHS) guidelines typically exempt individuals under 14 from DNA collection, discretion lies with field officers who may opt to collect samples under certain circumstances. Significantly higher numbers of samples were taken from children aged 14 to 17, with reports reflecting over 30,000 entries for each age group.

Current protocols mandate that DNA is routinely collected from anyone who is also fingerprinted, starting from the age of 14, when fingerprinting becomes standard during border processing. Additionally, records suggest that approximately 122 minors classified as American citizens had their DNA collected, including 53 who were not detained for criminal reasons, indicating a potential overlap between civil and criminal custody practices.

Neither the DHS nor CBP provided comments following the publication of this sensitive data, leaving many questions unanswered and raising alarms about the implications for privacy and legal oversight. As organizations grapple with the ethical dimensions of DNA collection, this situation underscores the ongoing challenges linked to data security and civil liberties in a rapidly evolving digital landscape.

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