Congress never authorized DNA collection from citizens, children or civil detainees. DHS has contributed 2.6 million profiles to CODIS since 2020, with 97% collected under civil rather than criminal authority. The expansion followed a 2020 Justice Department rule that revoked DHS's waiver from DNA collection requirements. Former FBI director Christopher Wray testified in 2023 that monthly DNA submissions jumped from a few thousand to 92,000, creating a backlog of 650,000 unprocessed kits. Georgetown researchers project DHS could account for one-third of CODIS by 2034. The DHS Inspector General found in 2021 that the department lacked central oversight of DNA collection.
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