ICE protesters sue to stop DHS from seizing DNA samples

A group of four activists has initiated a lawsuit against the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI), seeking to prevent the seizure of DNA samples from individuals arrested during peaceful protests against Immigration and Customs Enforcement (ICE). The complaint was filed in an Illinois district court on Wednesday, following their arrest at the Broadview ICE facility during 'Operation Midway Blitz,' which saw a significant deployment of federal agents in Chicago. The protesters are demanding an injunction to halt what they describe as violations of their First and Fourth Amendment rights, along with the Administrative Procedure Act. They allege that the federal government has engaged in the wrongful arrest of peaceful demonstrators, collected their DNA, and stored their genetic profiles in government databases without proper justification. Out of 92 non-immigration-related arrests made at Broadview, the activists pointed out that only one individual was convicted. This conviction, they argue, stemmed from a guilty plea related to a prior felony charge unrelated to the protests. Among the plaintiffs, two faced minor charges—later dismissed—for allegedly interfering with a federal officer, while the other two were not charged with any offenses. The activists contend that federal officials have overstepped their legal boundaries and are urging the district court to recognize that Supreme Court precedents contradict the laws being invoked by agents to justify the extensive collection of DNA. They referenced a 2013 Supreme Court ruling which stated that DNA can only be collected without infringing on Fourth Amendment rights under specific conditions: namely, if an individual has been lawfully arrested for a serious offense, confirmed by a judicial officer. In that limited context, the DNA can only be used for identification, not to gather information regarding a person's relatives or health, the plaintiffs emphasized.