A proposed rule that recently completed review at the White House budget office will provide a framework for the broad collection of DNA from immigration detainees, a senior Homeland Security Department official told reporters Wednesday.

The proposed rule, developed by the Justice Department, comes after the Office of Special Counsel found that federal border officials failed to collect DNA samples from detained criminal immigrants as required under federal law. The letter, sent by Special Counsel Henry Kerner in August, said that federal law enforcement agencies are required to obtain samples from detainees under the DNA Fingerprint Act of 2005.


Currently, DHS is operating under exemptions put into place in 2010 by former Secretary Janet Napolitano. The special counsel’s office said a whistleblower informed the office that the DNA collections were not taking place.