Sher Tremonte, Free + Fair Litigation, and Saul Ewing Challenge DNA Collection From Protesters

New York, May 7, 2026 — Sher Tremonte LLP, together with co-counsel Free + Fair Litigation and Saul Ewing LLP, has filed a civil complaint in the U.S. District Court for the Northern District of Illinois challenging the federal government’s practice of taking DNA from people arrested at anti-ICE protests and sending that information to the FBI for permanent inclusion in the national DNA database, even when those individuals are never charged with any crime or face only minor misdemeanor allegations.

Filed on behalf of four Chicago-area protesters, the complaint alleges that DHS and related federal agencies violated the First and Fourth Amendments by arresting peaceful protesters without probable cause, compelling them to provide DNA samples, and retaining that genetic information indefinitely. Two plaintiffs were never charged with any crime, and charges against the other two were later dismissed.

The complaint arises from arrests made at ICE’s Broadview Detention Center, during protests responding to “Operation Midway Blitz,” a federal immigration enforcement surge in the Chicago area. According to the complaint, CBP made 92 non-immigration arrests in connection with Operation Midway Blitz, but as of the filing, the government had secured only one conviction, unrelated to the Broadview protests.

Sher Tremonte’s team is led by partner Deirdre von Dornum and includes associates Eleuthera Sa and Sian Last.

The lawsuit seeks declaratory and injunctive relief, including an order stopping the challenged DNA collection and retention practices, destruction of plaintiffs’ stored DNA samples, and expungement of their DNA profiles from federal databases.

This case is part of Sher Tremonte’s broader practice challenging government overreach and defending core civil liberties. The firm also represents the American Association of University Professors (AAUP) in ongoing litigation to protect academic freedom and shared governance,  ICEBlock, a crowd-sourced app targeted by the DOJ  that alerts users to nearby ICE activity, and numerous individual protesters arrested while exercising their First Amendment rights, including former New York City Comptroller Brad Lander.

News Coverage:

New York Times, His DNA Was Taken After His Arrest at an ICE Protest. Now, He’s Suing

Chicago Sun Times, Broadview protesters sue feds over DNA collection after arrests, saying it violates rights