@flyfishlady Technically its only useful if you become a suspect in a case that is serious like sexual assault or murder. I don;t think the officers even know why they take it sometimes or not. They are just told "this is how we do waivers".

I just completed my waiver application, and was required to do DNA and give a sworn statement. I was not expecting this but I complied as Im trying to get an approval!

If you read the full article it says they are NOT collecting DNA from persons encountered under the following circumstances:

Aliens lawfully in, or being processed for lawful admission into the United States;

This means as long as you are not breaking any law and have not been arrested or detained for breaking any law, they have no right to take a DNA swab.

They have no right to take your DNA since you are there lawfully (and) being processed for lawful admission into the United States.

Here is a copy and paste of the full article:

Release Date Thu, 12/03/2020
WASHINGTON — On Jan. 6, 2020, U.S. Customs and Border Protection’s (CBP) Office of Field Operations (OFO) and the U.S. Border Patrol (USBP) initiated a pilot program to collect DNA samples from certain populations of individuals in our custody for submission to the Combined DNA Index System (CODIS). In order to comply with the DNA Fingerprint Act of 2005, CBP must collect DNA from individuals who are arrested, facing criminal charges or convicted, and from non-United States persons who are detained under the authority of the United States for addition to the Federal Bureau of Investigation’s (FBI) CODIS.

The Department of Homeland Security (DHS), which includes CBP, had been exempt from DNA collection since 2010 due to operational exigencies or resource limitations; however, on March 9, 2020, the Department of Justice (DOJ) published a final rule that eliminated the DHS discretion to exclude DNA collection, effective April 8, 2020. The rule provided DHS, including CBP, with a 3-year timeline to comply with the requirement to collect CODIS DNA samples in compliance with the law and regulation.

The pilot programs that began in January have provided the information CBP needed to successfully meet its legal requirements for nationwide collection. CBP has rolled out the collection program more broadly in monthly phases and will reach full operation by December 31, 2020. This aggressive timeline represents a strong commitment by CBP to implement collection under this law, well ahead of the 3 years contemplated by the rule.

U.S. Border Patrol collects DNA samples from non-U.S. citizens detained under the authority of the United States and from U.S. citizens and lawfully admitted permanent residents arrested and facing federal charges between the ages of 14-79. Additionally, samples are being collected from individuals encountered by the Office of Field Operations between the ages of 14-79, who are a non-U.S. citizens detained under United States authority and are being processed for inadmissibility or removal; or a U.S. citizen wanted on a federal warrant.

CBP is NOT collecting DNA from persons encountered under the following circumstances:

Aliens lawfully in, or being processed for lawful admission into the United States;
Aliens held at a Port of Entry during consideration of admissibility and not subject to further detention or proceedings;
Aliens held in connection with maritime interdiction; or
When the FBI system, NCIC, indicates CODIS already contains a DNA profile for the individual.
CBP does not use the DNA samples collected for any purpose beyond submission to the FBI in accordance with 34 U.S.C. § 40702(a)(1)(A). All paperwork and DNA samples are provided directly to the FBI. The DNA samples are not used, stored, or maintained by CBP. CBP does maintain a record when a CODIS DNA sample collection occurs in approved processing systems of records.

For more information see FAQ #22 https://canadapardonsanduswaivers.com/waivers-faq/

@TomMa Did you need to make an appointment to go get your biometrics done at lewiston? I keep calling the number and no one answers it.

Same experience here, was asked to provide DNA sample when doing the biometrics portion of my application... This is my first waiver and I applied through esafe. It looked as if the CBP officer was highly confused as to what he needed to do when I told him I applied through esafe, he thought I had the paper application. In the end, the whole process took almost 3 hours and the officer needed at least 3 or 4 people to help him. Crossing was Port Huron, MI.

[ SB appended this reply on June 24, 2023 @ 5:16 pm ]

My charges are for theft, so not sure why they need this... but I have nothing to hide, so, not really concerned.

@J Rogers Calasis, Maine. From what I found though, it looks like this will be happening to everyone going forward regardless. In 2020 the DoJ more or less force the CBP to start collecting DNA samples for certain people, waiver applicants included.

U.S. Border Patrol collects DNA samples from non-U.S. citizens detained under the authority of the United States and from U.S. citizens and lawfully admitted permanent residents arrested and facing federal charges between the ages of 14-79. Additionally, samples are being collected from individuals encountered by the Office of Field Operations between the ages of 14-79, who are a non-U.S. citizens detained under United States authority and are being processed for inadmissibility or removal; or a U.S. citizen wanted on a federal warrant.

https://www.cbp.gov/newsroom/national-media-release/cbp-meet-legal-requirement-collect-dna-samples-certain-populations

@PJ1

Did you not use Esafe? Which border was this?

Yes a certain % of clients are getting DNA, only really useful for unsolved cases or for sexual assault cases.

I just completed my bio metrics for my, I guess it is 6th waiver (4 x 5 years and a couple 1 years way back) and I was asked for a DNA sample. My conviction is related to theft/fraud so not sure what DNA does. I wasn't super comfortable at all with that but what can you do if you want a successful waiver as I'm sure refusing just means no waiver. Finger printing is all digital now so that was a bonus at least. They also did this new "sworn statement" thing which was new in the over 20 years of getting waivers.

One thing was they wanted details of my incarceration which I thought was good. I didn't spend any time in actual jail and was on electronic monitoring (judge recommended) for the first 1/3 and then parole for the remaining 2/3. The lady I was dealing with said "I'm going to capture that in the application". I guess I'm always hoping for that ultra slim chance of getting a September Letter if enough time passes.

@J Rogers Thank you for the info!!

@TomMa

There seems to be no pattern. Or if they have one I cannot see it. It can ONLY really be used to solve unsolved murders. I have many clients who have been asked for one, and many others who have not. Seems random to me.

@casper I went to Lewiston Port of Entry last week to give biometrics but they also asked for DNA after biometrics. I don't have any criminal record. I am confused now.

I've done it 5 times and have never been asked.
Maybe for sexually based cases.