Justice Department proposes collecting DNA samples from detained migrants

The Justice Department Monday took the first step towards dramatically expanding its collection of DNA samples from migrants facing criminal charges.

The department has proposed a rule that would collect DNA samples from migrants in both U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement and sent those samples to the FBI lab for analysis.

FBI investigators would then enter the DNA information into its Combined DNA Index System, or CODIS, database. The database is used to identify criminals and assist with investigations through the sharing of DNA with local law enforcement.

Deputy Attorney General Jeffrey A. Rosen said called the proposed rule, “a lawful exercise of the Attorney General’s authority.”

“The proposed rule change would help 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,” he said.

Under the DNA Fingerprint Act of 2005, law enforcement is required to collect DNA from everyone who is arrested or detained in federal custody except in limited circumstances.

However, the Obama administration carved out an exemption for detained migrants. At the time the move, was said to be temporary but has remained in place since 2010.

If the Justice Department is successful in restoring the rule, it will apply to migrants who are arrested, facing criminal charges or convicted.

The U.S. Office of Special Counsel in August dinged Border Patrol agents in an August report for failing to collect DNA samples those it arrested. It concluded the lapses allowed violent criminals to evade capture for years, even though they had been detained by authorities.

The Border Patrol arrested 330,000 people in 2017, but only took DNA samples from fewer than 100 of them, the OSC said in a report. In one case, a suspect in an unsolved homicide remained free for years until CBP picked them up and collected their DNA.

That suspect was connected a 2008 Dallas killing, the report said.

“[CBP] for years failed to comply with a law mandating collection of DNA samples from detained criminal subjects,” the report said.

Stephen Dinan contributed to this report

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