The Justice Department says that it is formally amending regulations and pushing forward with a plan to collect DNA from immigration detainees in federal custody. Rights advocates describe it as a serious breach of privacy.
The Department of Justice said the final rule is simply implementing a 2005 law called the DNA Fingerprint Act, which gave authorities broad authority to collect DNA samples from people in federal custody.
Until now, however, the law allowed the Secretary of Homeland Security to waive the collection of DNA samples from some migrants"because of operational exigencies or resource limitations." The Trump administration has removed this option, and now requires the Secretary of Homeland Security to collect DNA from immigration detainees. It says that DNA collection has become easier and cheaper since the 2005The final rule says the DNA information that will be collected is a"sanitized 'genetic fingerprint'" that"can be used to identify an individual uniquely, but they do not disclose the individual's traits, disorders, or dispositions.
"This isn't DNA from information that's going to be looked at once and then disappear from a database. It's going to stay in governments hands," she says, and she's concerned the way it is used could change over time.
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