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Broadview Protesters Sue Over Post‑Arrest DNA as Judge Drops Felony Count

The lawsuit challenges rules that permit cheek swabs after arrests, with profiles kept in a fast‑growing national DNA database.

Overview

  • A federal judge dismissed the felony conspiracy charge tied to the Broadview ICE protest, narrowing the case to misdemeanors and keeping a trial on the remaining counts on track.
  • Four protesters filed a federal suit against DHS, ICE, and CBP alleging cheek swabs taken after Broadview arrests and DNA uploads to a federal database were an unreasonable search.
  • The complaint says many Broadview arrestees were swabbed before release or charging, and it alleges the practice chills protected protest activity.
  • The four plaintiffs say their DNA profiles remain in the FBI’s CODIS system, with two never charged and two charged and later cleared when prosecutors dropped their cases.
  • A CBP directive authorizes agents to take DNA from people who are arrested, facing charges, or convicted and to refer refusals for a misdemeanor, and the suit notes uncharged arrestees can face a five‑year wait just to seek removal of their profiles.