DHS can’t create vast DNA database to track ICE critics, lawsuit says
Summary
Four protesters have filed a lawsuit to stop the Department of Homeland Security (DHS) and FBI from taking DNA samples from people arrested during peaceful protests against Immigration and Customs Enforcement (ICE). They argue that collecting and storing their DNA violates their rights under the U.S. Constitution and state law, especially since most were not charged or convicted of serious crimes.Key Facts
- Four protesters arrested at a protest near the Broadview ICE facility in Chicago are suing DHS and FBI.
- They say their DNA was taken without proper legal grounds and stored permanently in government databases.
- Only one out of 92 non-immigration arrest cases from that event led to a conviction unrelated to the protests.
- Two protesters had minor charges that were later dropped, and two had no charges at all.
- The Supreme Court allows DNA collection only if a person is arrested with probable cause for a serious offense and confirmed by a judge.
- Illinois law is stricter, allowing DNA collection only for arrests in serious crimes after judicial approval.
- DHS and FBI have used a law change to collect DNA from anyone arrested for any crime, regardless of seriousness.
- DNA profiles are stored in a government database called CODIS, originally meant for serious crime investigations.
- Protesters say there is no easy way to get their DNA samples or profiles removed from the database.
- DNA technology has improved but laws have not kept pace, leading to access to more sensitive genetic details.
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