Protest Arrests Lead to DNA Testing

The wrath of ICE agents or other officials toward demonstrators across the country has been well-documented.  But new policies have led a number of peaceful protesters who were fighting for their communities to face more than arrest. That’s right, something disturbing is happening to some protestors across multiple states in a rejoinder to their decision to protest: federal officials are now collecting their  DNA. Customs and Border patrol are routinely arresting people and getting their DNA–regardless of the charges against those protesters. According to a Supreme Court ruling, it’s completely legal, but only when related to violent criminal arrests across the country–including after being arrested for a felony in Florida.

Concerns

Alarm bells are ringing in response to DNA collection in this context. The first concern is that many, if not most, of the protestors who’ve had their DNA collected have not been involved in violent criminal activity-let alone charged with a felony.-Secondly, because DNA is such a unique identifier containing personal information about an individual and their family concerns about its collection, storage, and sharing are very real. What are the consequences of such a policy?

Case in Point 

Dana Briggs participated in a protest demonstration near a detention center in Chicago last September. As a retired Air Force veteran, he’d been an activist for years, strongly believing that Homeland Security’s actions in this era were a problem. He never would have guessed that at one protest he would be shoved to ground, circled by federal agents, and finally arrested and handcuffed to a hospital bed while being treated for his injuries. After being  released from the hospital, Briggs was transferred to a federal facility, where he was read his rights, photographed, and fingerprinted. Then came the part that surprised him the most: having his DNA collected with a cheek swab. He was told that refusing to comply would lead to further charges.

Ultimately all charges against Briggs were dropped. Since then, Briggs has sued due to the warrantless intrusion into his body. He believes that the government’s policies are a means to intimidate participants in public protests and serve as a clear warning that anyone who speaks out against the government – along with easily identifiable relatives–could hypothetically be monitored down the road. 

Chilling Reaction 

It’s reasonable to assume that when people know their DNA may be collected and added to a federal surveillance database after participating in a demonstration, many will think twice before joining such a movement.  This is an unsettling government reaction to citizens who are simply exercising their rights under the constitution.

Protecting Your Rights 

The experienced and qualified Miami criminal defense attorneys at The Law Office of Julia Kefalinos are committed to protecting your rights. To discuss your concerns following an arrest, schedule a confidential consultation in our Miami office today.

Source:

nytimes.com/2026/05/06/nyregion/dna-collection-ice-arrests-lawsuit.ht