Tuesday, 02 January 2024 12:17 GMT

Now Even Kids' DNA May Be Collected - Trump Administration's Sweeping New Immigration Rule Explained


(MENAFN- Live Mint) The Donald Trump administration is proposing a sweeping expansion of the United States' biometric data collection programme, allowing the Department of Homeland Security (DHS) to collect DNA and other biological identifiers from nearly everyone applying for or associated with an immigration benefit - including children.

The draft regulation marks one of the most far-reaching surveillance measures in US immigration history and could affect millions of people each year.

What does the new DHS proposal mean for immigrants?

Under the proposed rule, DHS would be authorised to collect biometric data - such as fingerprints, iris scans, voiceprints, facial recognition data, and DNA samples - from anyone involved in an immigration filing,“regardless of age,” unless explicitly exempted.

Until now, the agency generally limited biometrics collection to certain categories, such as adult applicants for green cards or visas.

Also Read | Donald Trump plans to cancel student loan relief program for some non-profits

Trump administration's proposed new rule would change that, making biometrics mandatory for nearly all applicants and even for those linked to an application, such as family members.

In addition, the rule would permit DHS to collect biometrics not just during immigration benefit processing, but whenever a non-citizen is arrested by immigration officials.

How does DHS define 'biometrics' under this rule?

Notably, major shift in the proposed regulation lies in the redefinition of“biometrics.” DHS plans to expand the term beyond traditional fingerprints to include DNA, iris scans, facial and voice recognition, and even“behavioural characteristics.”

Also Read | 'Why did you sell us a dream?' - Indian-origin woman questions JD Vance

A key provision would formalise the government's ability to collect, test, use, and retain DNA samples, with genetic data potentially shared across law enforcement agencies. The rule would codify how DNA is stored and used for both identity verification and investigative purposes.

How is DNA currently used in immigration cases?

At present, DNA testing in immigration matters is limited to two main contexts:

When is DNA testing required in immigration cases?

When an applicant cannot provide sufficient documentation to prove a biological relationship - such as that between a parent and child - the DHS or State Department may request a DNA test.

The test is voluntary but refusal can hurt an application. It must be conducted by a USCIS-approved lab, and the cost is borne by the applicant.

How US border agencies already collect DNA samples

Since 2019–2020, Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) have collected DNA from some non-US citizens in custody under the FBI's Combined DNA Index System (CODIS).

The practice is authorised under the DNA Fingerprint Act of 2005, which allows DNA collection from individuals in federal detention.

Also Read | Why Trump Immigration Raid Snared South Korea Workers Over Visas

However, routine visa, asylum, or naturalisation applicants are currently not required to provide DNA. If enacted, the new DHS rule would make such testing standard procedure for virtually all categories of applicants.

Why is the DNA collection move controversial?

The proposal reverses an earlier position taken by the Obama administration, which concluded that mass DNA collection from immigration detainees was impractical and raised significant privacy concerns.

Critics say the Trump administration plan would effectively turn the immigration system into a genetic surveillance network, collecting sensitive biological data from people who have not been accused of any crime.

Also Read | Apple removes immigration agent tracking apps after US government pressure

Legal experts believe the regulation will face multiple court challenges, arguing that the policy raises serious constitutional questions about privacy, proportionality, and government power.

What happens next?

The biometric data collection from all immigrants proposal will undergo a period of public comment before DHS can move to finalise it. If implemented, the new rule would require massive infrastructure and data storage expansion, integrating DHS systems with federal law enforcement databases.

Supporters argue that broader DNA collection will enhance identity verification and help prevent fraud in immigration applications.

Critics, however, say it marks a dangerous step toward normalising genetic surveillance on a national scale.

MENAFN02112025007365015876ID1110282133



Live Mint

Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.

Search