STOPPING GENETIC SURVEILLANCE
Briggs v. Mullin
In the second Trump administration, federal agents are wrongfully arresting observers and protestors in historic numbers, collecting their DNA, and uploading their genetic profiles into government databases.
THE IMPACT
Our lawsuit reveals a mass genetic surveillance program targeting Americans exercising their First Amendment rights – an unconstitutional, authoritarian nightmare. If we win this major test case, federal agencies will be ordered to stop amassing DNA from citizens detained for non-serious offenses, including peaceful protesters and observers arrested by ICE and CBP during the second Trump administration.
THE CASE
Agencies like ICE and CBP are violating Americans’ First and Fourth Amendment rights by routinely collecting and retaining DNA from every citizen they detain for “non-serious offenses” – despite limitations on DNA collection imposed by the Supreme Court in 2013 in Maryland v. King.
The plaintiffs, including a 71-year-old United States Air Force veteran, are four individuals who were arrested at protests in Chicago in September and October 2025. They were arrested without probable cause, and their DNA was forcibly taken. The government never brought any criminal charges against two of the plaintiffs and dismissed minor charges against the others. However, it retained their DNA samples.
In the King case, the Supreme Court ruled the federal government can only collect DNA when there is: (1) a valid arrest supported by probable cause; (2) a serious offense; (3) pre-database judicial review confirming probable cause existed; (4) a government interest in identification; and (5) diminished privacy concerns due to technical limitations and statutory protections. This lawsuit is the first challenge to the federal government’s routine collection and storage of DNA from all arrestees.
THE TEAM
The plaintiffs are represented pro bono by Free + Fair, Saul Ewing LLP, and Sher Tremonte LLP.
CASE DOCUMENTS
Featured Press
“It puts you and your family in a surveillance state database of people who’ve criticized this administration,” said Carey R. Dunne, a founder of the Free + Fair Litigation Group, which represents Mr. Briggs. He called the government’s actions “a constellation of constitutional violations that needed to be challenged.”
New York Times May 6, 2026
