Pragmatic Witness

Documents just released by US Immigration & Customs Enforcement (ICE) in response to one of EFF’s Freedom of Information Act requests show that DHS is considering collecting DNA from kids ages 14 and up—and is exploring expanding its regulations to allow collection from kids younger than that.

The proposal appears to be working its way through DHS in the wake of regulations from the Department of Justice that require all federal agencies—including DHS and its components such as ICE—to collect DNA from individuals arrested for federal crimes as well as “from non-United States persons who are detained under the authority of the United States,” whether or not they have been involved in criminal activity.  While the law specifically exempts a few classes of “aliens,” the documents we received show DHS may start DNA collection from anyone it fingerprints.  Currently, that’s any child over 14 who’s detained, but we also found…

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