The Customs and Border Protection (CBP) is violating the law by not collecting DNA samples from detained illegal immigrants, according to Sen. Chuck Grassley (R-Iowa).
In a letter to the Department of Homeland Security, Sen. Grassley said the failure to collect DNA is “required by the DNA Fingerprint Act of 2005.” He cited a “legally protected whistleblower” in connection with the CPB who informed him that the department “is not collecting DNA from all illegal immigrants apprehended at the border.”
In the letter he referenced the FBI DNA Database Unit’s quarterly reports from fiscal year 2017 to 2019 showing crimes illegal immigrants are connected to through DNA matches found in the Combined DNA Index System, which he said includes unsolved cases.
“Even with CBP’s insufficient DNA collection efforts, the data it did possess helped ensure the protection of American citizens and our communities,” he said. “The Biden administration’s immigration policies have placed our southern border in crisis and our communities at risk.”
CBP showed that in fiscal year 2023, the department encountered over 3.2 million illegal immigrants.
“Further, since October 1, 2023, CBP has encountered over 1.2 million individuals,” he said. “In my November 1, 2023, letter, I asked for the number of illegal immigrants that CBP collected DNA samples from in FY23. You’ve failed to provide that data. I also requested the number of DNA samples that were submitted to the FBI in FY23. You’ve also failed to provide that data.”
According to his whistleblower, the FBI has received an “alarmingly low percentage of DNA samples,” he said.
In the first quarter of fiscal year 2023, the FBI received approximately 40 percent of DNA samples from the 865,333 encounters.
In the second quarter, the FBI received approximately 31 percent of the 682,533 encounters and 37 percent of the 762,659 encounters in the third quarter.
“U.S. Immigration and Customs Enforcement’s (ICE) FY23 annual report also notes that of the total arrests conducted by ICE in FY23, 43.3% of those arrested had criminal convictions or pending criminal charges—over 10% higher than FY22,” he said. “Given the record number of illegal crossings, CBP encounters, and ICE detainees with prior criminal records, CBP and DHS’s continued failure to collect DNA on illegal immigrants is deeply concerning. This failure weakens our justice system and empowers criminals to illegally cross our border, jeopardizing American lives.”
Sen. Grassley asked for answers to an earlier letter in addition to new questions asking if Laken Riley’s murder suspect, Jose Ibarra, was subject to giving a DNA sample.
He also asked for the number of samples CBP collected from illegal immigrants in fiscal year 2024.
‘15-Month Backlog’
In January, House Republicans asked the FBI to provide information on DNA tests after a Daily Caller report in December revealed that there had been a 15-month backlog on DNA testing for illegal immigrants.In one email chain, a CBP official said the department didn’t have enough money to run the testing program, “which is a statutory requirement,” Daily Caller reported.
“They are still delivering kits and used them to turn them around in 2 months, now they are looking at a 15-month backlog,” the email said.
The House Republicans, led by Rep. Andy Biggs (R-Ariz.) requested information from FBI Director Christopher Wray stating that the Daily Caller’s report “was concerning since it means criminal illegal aliens can move throughout the country for over a year before law enforcement can act on evidence gathered from a DNA test.”
“Additionally, CBP has already reported facing a constant shortage of DNA test kits across their processing locations,” the lawmakers wrote. “Because of this, CBP personnel regularly must forgo testing eligible aliens due to issues in the availability of kits, thus decreasing the number of aliens tested whose DNA can be analyzed. And yet, despite this inability to test all eligible aliens, it is reported that the FBI is experiencing a drastic backlog in processing these test kits. If nothing else, this is more evidence of the unprecedented immigration crisis facing our country.”
The lawmakers called the kits “vital” to national security given “the lax policies of the Biden administration.”
“The crisis at our border is extremely distressing for us as well as millions of Americans, and a backlog in testing the DNA of illegal aliens will only exacerbate the issue,” the lawmakers said.
