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2.0

EO 14165 § 9(a) directs DOJ and DHS to comply with DNA Fingerprint Act of 2005

  1. Original Date Announced

    January 20, 2025

    Section 9(a) of presidential EO 14165 "Securing Our Borders" directs the Attorney General and the Secretary of Homeland Security to take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005 and subsequent regulations that require federal law enforcement agencies to collect DNA from noncitizens detained under the authority of the United States.

    Trump 2.0 [ID # 1385]

    2025.01.20 EO 14165 - Securing Our Borders
  2. Effective Date

    January 20, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Detention
Agencies Affected: DHS DOJ

Commentary

  • 2025.07.14 Letter from Senator Wyden to DHS and DOJ

    U.S. Senator Ron Wyden of Oregon sent a letter to DHS Secretary Noem and Attorney General Bondi expressing concern with the “chilling expansion of DNA collection from noncitizens and how the actions of [their] Deparments may undermine the constitutional rights of adults and children in the United States." Wyden cites data showing that DHS has taken DNA samples from approximately 133,000 minors, whose DNA profiles are stored in the FBI's criminal database. Among other demands, the letter asks that DHS and DOJ explain how and why they are collecting and storing DNA samples from noncitizens.

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  • 2025.09.23 Reported: US border patrol collected DNA from thousands of US citizens for years, data shows - The Guardian

    The Guardian reports, based on research by Georgetown’s Center on Privacy and Technology, that DHS collected DNA of an estimated 2,000 American citizens between 2020 and 2024, some as young as 14 years old. "[A]bout 40 US citizens had DNA samples taken by CBP and shared with the FBI even though they were charged with no crime. Six of these were minors."

    The DNA is shared with the FBI and "is stored in a database called the Combined DNA Index System, which is used across the country by local, state and federal law enforcement to identify suspects of crimes using their DNA." According to the researchers, "the recently released data shows that CBP does not have a system to check whether there is a lawful reason to collect an individual’s DNA."

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