Based on a law that was passed by Congress in 2005 and revised procedurally in 2020, the federal government (CBP and ICE) is now collecting DNA samples from non-citizen and, as of April 2025, over 2.6 million samples have been collected.
From each sample, the FBI creates a profile and enters it into CODIS – a criminal database.
Stevie Glaberson, from the Georgetown Law Center on Privacy and Technology, says this may violate the 4th Amendment – not only the search and seizure of taking the DNA sample as a speculative matter (in anticipation of a potential crime).
Here’s the 44-minute video about this issue.
Immigration Insight 