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Original Date Announced
May 28, 2019ICE issues an RFP for contract to administer rapid DNA tests at seven border locations to identify fraudulent claims of familial relationships by migrants. The program is called "Operation Double Helix 2.0"; proposals are due by June 3, 2019. No more than 50,000 tests will be administered during the "contract base period," and another 50,000 could be administered during a later "option one period."
The government asserts that it retains authority to conduct Rapid DNA testing from 8 U.S.C. § 1357(b), which allows ICE to “take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States.” However, this statute generally has applied to “evidence” such as inspecting entry documents, not conducting DNA testing. [ID #402]
ICE RFP for DNA Testing at Seven Border LocationsEffective Date
May 28, 2019Subsequent Trump-Era and Court Action(s)
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June 18, 2019
ICE News Release
ICE announces 120-day extension of the rapid DNA testing pilot program and expansion to five additional locations along the southwest border to assess long-term implementation. ICE awards a 10-month contract to Bode Cellmark Forensics Inc., with a total value of $5.2 million, to carry out the expansion.
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June 25, 2019
Privacy Impact Assessment for the Rapid DNA Operational Use
DHS releases Privacy Impact Statement for the Rapid DNA program to clarify the scope of DNA use, to "outline the privacy risks involved in using Rapid DNA technology," and "to explain how ICE will mitigate any risks pertaining to privacy."
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Biden Administration Action: Revoked/Replaced
May 19, 2023Memo: End of DNA Testing Contract
This Biden administration policy revokes in full the Trump-era policy identified in this entry.
A May 19, 2023 memo notifies U.S. Customs and Border Protection (CBP) officials that the familial DNA contract with BODE Technologies will end on May 31, 2023 and that all familial DNA testing will conclude on that date.
View DocumentCurrent Status
Not in effectMost Recent Action
May 19, 2023 Action: Revoked/Replaced Memo: End of DNA Testing ContractMay 19, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveAssociated or Derivative Policies
- January 24, 2017 DOS amends FAM to allow for DNA tests to establish sibling relationships
- April 17, 2018 USCIS authorizes DNA tests to establish sibling relationships
- March 9, 2020 DOJ eliminates DHS discretion to exempt certain detained noncitizens from DNA-sample collection
- December 3, 2020 CBP announces pilot program to collect DNA samples will become fully operational