DNA Testing Following Protest Arrests
Americans have fought for their communities through peaceful protest in recent years, often garnering the ire of ICE agents or other officials. That’s fine–we all know that our constitutional right to protest and speak out is one of the most powerful ways to hold our government accountable. But something troubling is happening with some protestors across multiple states as a result of their decision to protest: they are having their DNA collected by federal officials. Customs and Border patrol is routinely arresting people and getting their DNA–regardless of the charges. According to a Supreme Court ruling, it’s completely legal when related to violent criminal arrests across the country–including after being arrested for a felony in Nevada.
A Serious Concern
There are two things about DNA collection in this context. Number one is that many of the protestors who’ve had their DNA collected have not been involved in violent criminal activity. Number two is DNA is a very private thing that contains extremely personal information about a person and their biological family. More invasive than an identifying fingerprint, DNA tells much more about a person, and it can be collected, saved, or shared unbeknownst to the public. What are the consequences of such a policy?
Case in Point
For Dana Briggs, who is a retired veteran of the Air Force, attending a protest demonstration near a detention center in Chicago last September was a no-brainer. He believed that Homeland Security’s actions were a problem, and had served his country to protect citizen’s rights to use their voice when they disagreed with government policies. Never could he have imagined that he would be swarmed by federal agents, jolted to the ground, arrested, and handcuffed to a hospital bed during treatment for his injuries. Upon release from the hospital, Briggs was moved to a federal prison, where he was read his rights, photographed, and fingerprinted. Then came the cotton swab that collected DNA from a cheek swab. (Refusing to comply would result in yet more charges.) Since then, Briggs has filed a suit against the government, insisting that the DNA test was an unreasonable and warrantless intrusion into his body. He warned that the government’s tactics were a threat to public demonstrations, and a clear message that anyone who spoke out against the government – along with their relatives–could be monitored in the future. On a side note– all charges against him were dropped.
Shutting Down Voices
It’s fair to assume that when people think their DNA may be collected and added to a federal surveillance database simply for participating in a protest, a certain percentage of them will think twice before participating in a protest. It’s a chilling government response to its citizenry exercising their rights under the constitution.
Protecting Your Rights
The experienced and qualified Las Vegas criminal defense attorneys at Lobo Law are committed to protecting your rights. To discuss your concerns following an arrest, schedule a confidential consultation in our Las Vegas office today.
Source:
nytimes.com/2026/05/06/nyregion/dna-collection-ice-arrests-lawsuit.html
