Four protesters have filed a lawsuit to prevent the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) from collecting DNA samples from individuals arrested during peaceful demonstrations. The lawsuit, filed in an Illinois district court, alleges violations of the First and Fourth Amendments and the Administrative Procedure Act. The plaintiffs were arrested during “Operation Midway Blitz” at the Broadview Immigration and Customs Enforcement (ICE) facility in Chicago.
The complaint states that federal agents are wrongfully arresting peaceful protesters, collecting their DNA, uploading genetic profiles to government databases, and permanently storing DNA samples. Out of 92 non-immigration arrests at Broadview, only one protester was convicted. That conviction was for concealing a prior felony charge, unrelated to the protests. Two plaintiffs faced minor charges that were quickly dropped, while the other two were not charged with any crimes.
The lawsuit argues that federal officials have exceeded their authority. It cites a 2013 Supreme Court ruling that allows DNA collection without violating Fourth Amendment restrictions only under specific circumstances. These include a valid arrest with probable cause for a serious offense, confirmed by a judicial officer. The Supreme Court also ruled that collected DNA could only be used for identification, not to extract information about relatives or health. The plaintiffs contend that none of these conditions were met when their DNA was collected.
Illinois law has stricter DNA collection guidelines. It mandates DNA samples only from individuals arrested for first-degree murder, home invasion, or sexual assault. This collection can only occur after a judge or jury makes an independent finding of probable cause. The lawsuit asserts that DHS and the FBI have expanded their authority under the DNA Act, systematically collecting more DNA samples for the Combined DNA Index System (CODIS).
The DNA Act was amended in 2006 to permit DNA collection from anyone arrested for any crime, regardless of its seriousness. Protesters argue that this expansion, coupled with advancements in DNA technology, grants federal officers access to more sensitive information than Congress originally intended. There is no clear process for requesting the destruction of DNA samples, and expungement can take up to five years. The lawsuit also highlights a decrease in privacy impact assessments, which could reveal civil injustices. The plaintiffs seek a court declaration that the DNA Act, as applied in their cases, is unconstitutional and an order for their DNA samples to be destroyed.
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