CBP collected DNA samples from 37% of illegal immigrants at border in 2022

US Customs and Border Protection collected DNA samples from fewer than 40% of illegal immigrants stopped at the nation’s borders in 2022, preventing federal law enforcement from solving violent criminal cases, Sen. Chuck Grassley (R-Iowa) charged this week.

CBP is required to use DNA test kits on criminal arrestees and detained illegal immigrants — but only “collected samples from about 37% of the 1.7 million people it encountered” in fiscal year 2022, according to a May 2023 Government Accountability Office report.

The federal watchdog also noted that the agency was unsure whether that figure even included all illegal immigrants subject to the requirement between fiscal years 2020 and 2022.

Neither was DNA collected from migrants expelled under Title 42, the pandemic-era health policy begun by former President Donald Trump.

In March 2020, the Trump administration strengthened the collection requirement, which for more than a decade had not accorded with federal law as set forth in the DNA Fingerprint Act of 2005.

In a Wednesday letter to CBP and the Department of Homeland Security, Grassley said whistleblowers in contact with his office had recently “substantiated” the GAO report’s findings.

Of the 1 million DNA samples collected by CBP between 2020 and 2022, the Republican noted 227 people have later appeared in the FBI’s crime scene database.

The FBI received just 36% of the samples from nationwide encounters in 2021 and 2022 — and 1% in 2020.

Based on quarterly reports from the bureau obtained by Grassley’s office, he said, illegal immigrants have been connected to unsolved cases including multi-state burglaries, sexual assaults of minors and homicides.

“Clearly, collecting even minimal DNA samples of illegal immigrants has resulted in further investigative leads and potentially solving cold case crimes against American citizens,” Grassley wrote to Homeland Security Secretary Alejandro Mayorkas and CBP Acting Commissioner Troy Miller.

“CBP’s low percentage of DNA collection on illegal immigrants will undermine the service of justice and allow criminals to enter the United States to commit more crimes and threatens the safety of Americans,” he added.

Grassley demanded that the agencies respond by Nov. 15 and explain their failure to collect DNA samples from illegal immigrants, including those expelled under Title 42, the number of samples collected and submitted to the FBI in fiscal year 2023 and how many of those were later tied to crimes.

He also asked for a status report on implementing the GAO’s recommendations, including the creation of systems to track reasons for CBP officers’ failures to collect DNA.

Reps for DHS and CBP did not immediately respond to requests for comment.