DNA Collections: CBP is Collecting Samples from Individuals in Custody, but Needs Better Data for Program Oversight [Reissued with revisions on Jun. 5, 2023]
Fast Facts
Federal law enforcement agencies must collect DNA samples from certain detained noncitizens and people who are arrested, facing criminal charges, or convicted of crimes. The FBI sends DNA test kits to such agencies upon request.
In fiscal year 2022, Customs and Border Protection collected samples from about 37% of the 1.7 million people it encountered. But the agency doesn't know whether this covers all the people who are subject to the requirement—and it had trouble getting enough test kits during busy periods.
We recommended using better data to help determine Customs and Border Protection's compliance with DNA collection requirements.
An example of a DNA collection device, used to swab the inside of a person’s cheek.
Revised June 2, 2023 to remove a header that erroneously appeared on pages 2-14.
Highlights
What GAO Found
U.S. Customs and Border Protection (CBP) has implemented a nationwide DNA collection program. More specifically, within CBP, both the Office of Field Operations (OFO), which is responsible for operating U.S. ports of entry, and U.S. Border Patrol, which is responsible for securing the borders between ports of entry, have processes for collecting DNA samples from individuals they arrest or detain. From fiscal years 2020 through 2022, these agencies collected nearly 1 million DNA samples for submission to the Federal Bureau of Investigation (FBI) for entry into the Combined DNA Index System (CODIS).
CBP has experienced challenges with DNA collection kit shortages, which have resulted in some individuals in CBP custody not having their DNA collected by CBP officers and agents. Specifically, Border Patrol and OFO officials told GAO that, at times, field locations have experienced some challenges with the supply of DNA sample collection kits provided by the FBI. This has resulted in CBP's inability to collect DNA samples from some individuals subject to DNA collection, particularly during time periods in which CBP has experienced a large number of encounters of individuals subject to arrest or detention.
However, CBP and FBI are taking steps to resolve the issue and ensure there is a sufficient supply of kits in the future. For example, the FBI is using additional funding received in fiscal year 2023 to increase its supply of DNA sample collection kits and has requested additional funding for this purpose in fiscal year 2024, according to officials. CBP officials have also taken steps to share more information with the FBI regarding the numbers of individuals the agency encounters to better prepare the FBI to provide the kits.
While OFO and Border Patrol collect data on DNA collections across their field locations, they are not systematically collecting data on the reasons why they do not obtain DNA from some individuals arrested or detained under CBP's immigration enforcement authority. This makes it difficult for them to fully assess and oversee the DNA program's efficiency and effectiveness. In fiscal year 2022, of the nearly 1.7 million individuals OFO and Border Patrol encountered under their immigration enforcement authority, the agencies collected DNA samples from about 634,000 of these individuals, or 37 percent.
While some of the individuals encountered by OFO and Border Patrol were not subject to DNA collection requirements, OFO and Border Patrol cannot readily determine the extent to which these non-collections were appropriate and valid because they do not systematically collect data on the reasons for the non-collections. Systematically collecting data on the reasons why officers and agents have not obtained DNA samples from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations would enable OFO and Border Patrol to better assess their DNA program's efficiency and effectiveness. Specifically, these data would allow OFO and Border Patrol to determine the extent that they are complying with CBP's directive, as well as with the Department of Justice's regulation implementing the DNA Fingerprint Act of 2005. GAO recommends that OFO and Border Patrol develop and implement a mechanism to systematically collect data on the reasons why officers and agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. DHS concurred with the recommendations.
Why GAO Did This Study
CBP, within the Department of Homeland Security (DHS), is required by law and regulation to collect DNA samples from individuals it arrests and detained noncitizens covered by the regulation. GAO was asked to review CBP's implementation of its DNA collection program.
This report assesses CBP's processes for collecting DNA from individuals arrested or detained and the status of CBP's DNA collection program. GAO reviewed CBP's policies and procedures for collecting DNA samples for submission to CODIS. GAO also analyzed OFO and Border Patrol data on DNA samples they collected from fiscal years 2020 through 2022, the most recent data available. Additionally, GAO interviewed FBI officials and officials from OFO and Border Patrol headquarters and selected field locations that encountered the greatest number of individuals on the northern and southern borders.
Reissued with revisions on Jun. 5, 2023
Revised June 2, 2023 to remove a header that erroneously appeared on pages 2-14.Recommendations
GAO recommends that OFO and Border Patrol develop and implement a mechanism to systematically collect data on the reasons why officers and agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. DHS concurred with the recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Customs and Border Protection | The Executive Assistant Commissioner of OFO should develop and implement a mechanism to systematically collect data on the reasons why officers are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. (Recommendation 1) |
In May 2023, we reported that while U.S. Customs and Border Protection's (CBP) Office of Field Operations (OFO) was collecting and monitoring data on the numbers of DNA collections across its field locations, it was not systematically collecting data on the reasons why officers do not collect DNA from some individuals that they arrest or detain. As a result, it was difficult for OFO to fully assess and oversee the DNA program's efficiency and effectiveness. We recommended that OFO develop and implement a mechanism to systematically collect data on the reasons why agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. In December 2023, OFO updated their Unified Secondary Processing System (USEC) to ask system users via a drop-down menu why DNA was not collected on an individual who meets certain criteria for DNA collection. According to OFO officials, following this system update, they are monitoring feedback from the field to determine if future system enhancements will be necessary. By systematically collecting data on the reasons why DNA was not collected in OFO's USEC system, OFO is better positioned to assess their DNA program's efficiency and effectiveness.
|
| United States Customs and Border Protection | The Chief of the Border Patrol should develop and implement a mechanism to systematically collect data on the reasons why agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. (Recommendation 2) |
In May 2023, we reported that while U.S. Customs and Border Protection's (CBP) Border Patrol was collecting and monitoring data on the numbers of DNA collections across its field locations, it was not systematically collecting data on the reasons why agents do not collect DNA from some individuals that they arrest or detain. As a result, it was difficult for Border Patrol to fully assess and oversee the DNA program's efficiency and effectiveness. We recommended that Border Patrol develop and implement a mechanism to systematically collect data on the reasons why agents are not collecting DNA from individuals arrested on federal criminal charges or certain noncitizens detained for immigration violations. In response, in September 2023, Border Patrol updated their e3 system to ask system users via a drop-down menu why DNA was not collected on an individual who meets certain criteria for DNA collection. By systematically collecting these data in e3, Border Patrol is better positioned to assess their DNA program's efficiency and effectiveness.
|