Justice to Require DNA Sampling of Nearly All Detained Migrants

Justice to Require DNA Sampling of Nearly All Detained Migrants

The Justice Department aims to drastically expand its collection of DNA samples to cover nearly all migrants who are held, even temporarily, in custody.


The agency unveiled plans Monday to restore a rule in the DNA Fingerprint Act of 2005, subsequently directing the Homeland Security Department to capture DNA samples from detained migrants—and send those samples to be analyzed and included in the massive FBI database that law enforcement officials use to identify criminals across the U.S. The ultimate goal, officials said, is to reduce crime and support investigations. 


“The proposed rule change would help to save lives and bring criminals to justice by restoring the authority of the Attorney General to authorize and direct the collection of DNA from non-United States persons detained at the border and the interior by DHS, with the ultimate goal of reducing victimization of innocent citizens,” Justice’s Deputy Attorney General Jeffrey Rosen said in a statement.


Homeland Security initially indicated its plan to increase DNA collection in migrant detention facilities across the nation earlier this month, though it did not clarify when the collection would begin.


Under the original law, DNA sampling is already allowed on anyone who is not an American citizen and is detained by a federal agency, or anyone arrested, charged or convicted of a felony or violent crime. The newly proposed rule would eliminate a provision to that law that Justice published in 2008, which allowed Homeland Security to consult with the AG and exempt itself from DNA sample collection due to a lack ..

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