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Original Date Announced
March 9, 2020The Department of Justice issues a rule to eliminate 28 C.F.R. § 28.12(b)(4), a provision that allowed the Secretary of Homeland Security to exempt certain noncitizens from DNA-sample collection when such collection "is not feasible because of operational exigencies or resource limitations." This change makes DNA-sample collection possible, without exception, from "all non-United States persons who are detained under the authority of the United States."
[ID #238]
DOJ Final Rule: DNA-Sample Collection From Immigration DetaineesEffective Date
April 8, 2020Subsequent Trump and Court Action(s)
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December 3, 2020
DNA sample collection program to become fully operational by the end of the year
CBP announced that the pilot programs it began in January 2020 to assess collection of DNA samples from certain individuals in CBP custody provided the information it needs to implement nationwide collection. Such collection is anticipated to reach full operation by December 31, 2020. CBP does NOT collect genetic material from four groups: 1) undocumented migrants lawfully in (or being lawfully processed in) U.S.; 2) undocumented migrants being held at Port of Entry for consideration regarding entry; 3) undocumented migrants held in connection with maritime interdiction; and 4) when FBI system already has undocumented migrants' genetic material.
View Document
Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RulePre Trump-Era Policies
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December 10, 2008
Previously, under 28 C.F.R. § 28.12(b)(4), the Secretary of Homeland Security, in consultation with the Attorney General, could determine that the collection of DNA samples from certain noncitizens was not feasible because of operational exigencies or resource limitations.
Collection of DNA Samples -
January 6, 2020
U.S. Customs and Border Protection will initiate a limited, small-scale pilot program to assess the operational impact of proposed regulatory changes that would require the collection of DNA samples from certain individuals in CBP custody.
The pilot program will be limited to the following locations:
- The U.S. Border Patrol will implement the pilot program in the Detroit Sector.
- The Office of Field Operations will implement the pilot program at the Eagle Pass Port of Entry in southwestern Texas.
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
DNA-Sample Collection From Immigration Detainees
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Prior Policy
Original Source:
28 CFR Part 28
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Prior Policy
- Subsequent Action
- Commentary
- Commentary
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Other
Original Source:
DNA-Sample Collection From Immigration Detainees
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
The US Government Can Now Collect DNA From Thousands of People Who Have Never Committed a Crime
Proposed rule of DOJ mandates the collection of DNA from all immigrants in government custody, regardless of whether they have committed a crime.
Go to articleGAO May 2023 Report on CBP DNA Collections
In this 2023 report, the U.S. Government Accountability Office recommends that the CBP Office of Field Operations and U.S. Border Patrol each develop and implement mechanisms to systematically collect data on the reasons officers and agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. The report also lists the amount of samples collected and diagrams the process of collection.
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