The Americans caught in ICE’s web of surveillance

In late January, during an ICE operation in Minneapolis, citizen observer Ben filmed federal agents from a public street—a First Amendment-protected activity. Agents tackled him to the ground, detained him for three hours, fingerprinted and photographed him, and swabbed his cheek for DNA. He later discovered three cracked ribs from the incident and now questions what ICE does with his genetic data, amid broader reports of U.S. citizens and lawful residents entangled in the agency's expanding surveillance.

DNA Collection After Arrests

Federal law requires law enforcement, including ICE, to collect DNA from anyone arrested, with samples often entering the FBI's policing database. Reporters Meg Anderson and Kat Lonsdorf found this happening to at least six protesters or observers in Minnesota, Illinois, and Oregon who were detained while monitoring ICE actions against undocumented immigrants. Lawyers like NYU's Erin Murphy highlight DNA's invasiveness: it reveals ancestry, health predispositions, and even personality traits, extending to family members across generations. Stanford's Orin Kerr notes risks if arrests are unlawful, such as for peaceful filming; the DNA remains in databases regardless. The Supreme Court has upheld DNA swabs for serious crimes but not ruled on broad federal application or questionable arrests.