Marketplace Tech · Monday, August 31, 2026
A report from Georgetown Law's Center on Privacy and Technology argues that the Department of Homeland Security's (DHS) DNA collection program is unconstitutional. The argument hinges on the lack of probable cause required for DNA collection, unlike in the Maryland v. King Supreme Court case.
“And in the report, you argue this kind of DNA collection may be unconstitutional. Can you break that down for us?”
“We argue strongly that this DHS DNA collection program is unconstitutional. And if you'll stick with me for a minute and trace back to the Supreme Court's rationale in the most recent, really the only case reviewing the constitutionality of blanket compelled DNA collection programs. That case is Maryland versus King.”
“So first, Maryland was only taking DNA from people criminally arrested on the basis of probable cause that they committed a serious crime.”