July 17, 2025

Wyden Demands Answers on Shadowy, Mass Collection of DNA from Immigrants by DHS

Agents Often Take DNA Without Explanation, Including from Thousands of Children; DNA Surveillance Targets Immigrant Communities and Resembles Authoritarian Government Practices

Washington, D.C. — U.S. Senator Ron Wyden, D-Ore., slammed the Department of Homeland Security and Department of Justice for massively expanding the DNA collection of immigrant children and adults to permanently store in a national criminal database that could be weaponized by the Trump administration. 

Wyden demanded answers from the Trump administration, which has failed to explain why it has vastly expanded DNA collection from immigrants by 5000%. Department of Homeland Security agents fail to clearly notify immigrants their DNA is being taken, fail to follow the department's own policies, and often threaten individuals with arrest or criminal charges if they refuse to give their DNA, according to reports.  

“Governments exercising such broad discretion to involuntarily collect and retain DNA are repressive authoritarian regimes also engaging in gross human rights violations, such as genocide, ethnic cleansing, torture, and more,” Wyden wrote in a letter to DHS Secretary Kristi Noem. “In fact, the U.S. Government has condemned the involuntary collection of DNA by the People’s Republic of China and has sanctioned entities engaged in this practice, yet this practice appears to be ongoing on our own soil.”

The collection of samples includes more than 133,000 children as young as four years old, whose DNA will be used by law enforcement for every potential future investigation. 

Legal experts have warned that the Administration's secret, mass-collection of immigrant DNA may also violate constitutional due process rights. The Trump administration has green lighted DHS agents’ ability to detain and collect samples from immigrants without prior judicial authorization. 

In order for Congress and the American people to understand the Trump administration’s collection of DNA from immigrants, Wyden requested answers to the following questions by August 1, 2025:

  1. What is the United States Government’s interest in collecting and retaining DNA from noncitizens in the course of immigration detention and enforcement?

  2. Which agencies, including DHS subcomponent agencies, has the Attorney General authorized to participate in the collection of DNA from noncitizens?

  3. Please describe in detail how DHS is able to access and utilize DNA samples and related information collected in the course of immigration detention and enforcement once the samples and information are retained in CODIS and any other databases.

  4. Please describe in detail how DOJ is able to access and utilize DNA samples and related information collected in the course of immigration detention and enforcement once the samples and information are retained in CODIS and any other databases.

  5. When DHS or subcomponent agencies collect DNA material from individuals in immigration detention and enforcement, where are DNA samples stored following collection?

  6. To date, how many adult noncitizens have DHS officials collected DNA from during immigration detention and enforcement activities? Further, how many DNA samples from adult noncitizens have been collected by DHS since January 2025?

  7. To date, how many minors (18 years old and younger) have DHS officials collected DNA from during immigration detention and enforcement activities in the last five years?

  8. Further, how many DNA samples from minors have been collected by DHS since January 2025?

  9. What Department-wide guidance and/or agency-specific guidance is provided to DHS officials regarding the collection of DNA from noncitizens?

  10. How often is DNA collected by DHS, without judicial authorization, being used in criminal investigations and prosecutions?

  11. Does DHS policy prohibit intimidation, coercion, or the threat of criminal prosecution to compel a noncitizen to provide a DNA sample?

  12. Does DHS or any subcomponent currently have a process in place to expunge DNA and related information stored in CODIS that were collected in the course of a noncitizen’s detention?

  13. Does DHS by practice or policy notify individuals whose DNA and related information have been collected during immigration detention?

  14. What information are DOJ and DHS, respectively, able to extract from the DNA they retain? Is DNA accessed to determine any ethnographic or racial information about the individual?

Wyden has consistently advocated in the Senate for humane immigration reform.  In July, he criticized the Trump administration’s hostile immigration policies and joined colleagues to introduce a bill to require immigration enforcement agents to display clear identification. In March, he slammed the Trump administration for its resurrection of a draconian immigration order that requires immigrants to register with the federal government and carry proof of their registration at all times. In April, he reintroduced legislation to guarantee legal representation for unaccompanied children in immigration court. In June, he reintroduced legislation to protect TPS and DED recipients from Trump’s attacks on immigrants.

The text of the letter is here.

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