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Subject: Ths on tlre O96 Nepurt UN OIA FngerpITIIL ACE OT ZUUD Dear All, for principals out doing media, here are some high-line talking points on the OSC report on the DNA fingerprint act of 2005. These have been cleared by CBP Counsel. katie Office of Special Counsel's (OSC) report on DNA fingerprint act of 2005 The bottom line is that we—the US government~are doing DNA testing. When CBP makes a criminal referral, meaning an alien with a warrant or someone who has committed a crime in front of us, we turn them over to ICE or the US Marshals, and those entities do DNA collection. So we believe the government is doing ONA testing on the right people ‘Are we testing every alien who crosses the border illegally? No. With the numbers we are seeing, probably over a milion this year, itis not feasible. An entire infrastructure would need to be created from scratch and it would take tremendous resources. Based on that assessment of the feasibility of wholesale DNS testing, it was former DHS Secretary Janet Napolitano who issued the waiver regarding non-criminal detainees, The OSC report questions her authority to do that. But the statute and the regulation are clear on th the Secretary of DHS has the authority to issue such a waiver, and it has no expiration unless and until expressly rescinded by the Secretary. So we have assessed that we are acting fully within the law. Ultimately DNA testing is a valuable tool. Nobody wants to say take the tool away. But there is a big difference between being able to use that tool sensibly versus and being forced to use the tool in impractical ways. As big an agency as we are, we are stil an agency of finite resources, and we need to be allowed discretion in how we best deploy those resources. Ultimately DNA testing is a valuable tool. Nobody wants to say take the tool away. But there is 2 big difference between being able to use that tool and being forced. As big an agency as we are, ‘we are still an agency of finite resources, and we need to be allowed discretion in how we best deploy those resources.