Canadian Forced to Give DNA at US Border: Your Rights and How to Protect Yourself at the Crossing

What This Means for You

If you're one of the millions of Canadians who cross the US border each year — for shopping, visiting family, attending events, or business travel — a disturbing incident at the Blue Water Bridge should be on your radar. A 68-year-old Canadian retiree from Kincardine, Ontario, says US Customs and Border Protection (CBP) officers held him for three hours, coerced him into providing a DNA cheek swab under threat of criminal prosecution and a year in prison, and then denied him entry anyway.

This isn't a hypothetical scenario from a legal textbook. It happened to a retired health physicist with no criminal record who was simply trying to drive to Michigan. And it raises urgent questions about what CBP can legally demand from Canadian travellers — and what you can do to protect yourself.

If You Cross the US Border Regularly

Know your legal position before you arrive at the booth.

Under US law, non-citizens at a port of entry have significantly fewer rights than US citizens. CBP officers have broad authority to question you, search your vehicle, inspect your electronic devices, and deny you entry without providing a detailed reason. However, the legal basis for collecting DNA from Canadians at the border is far more limited than CBP may suggest in the moment.

Here's what the law actually says:

The DNA Fingerprint Act of 2005 authorizes federal agencies to collect DNA from individuals who are arrested, facing charges, or convicted — and from non-citizens who are detained by federal agents.
CBP's own December 2020 guidance states that the agency does not collect DNA from "aliens held at a Port of Entry during consideration of admissibility and not subject to further detention."
In other words, if you're simply being screened for entry and not formally detained or arrested, CBP's own policy says DNA collection should not apply to you.

The gap between policy and practice is the problem. In the Larson case, CBP told media that the DNA sample was collected "in accordance with the law" due to an "immigration violation." But according to CBC News, Larson had no criminal record, no prior immigration issues, and was merely declaring his intention to attend a public event in Michigan.

Immediate Steps to Protect Yourself

Before you travel:

Carry documentation of your purpose of travel. Have hotel confirmations, event tickets, return travel plans, and proof of ties to Canada (employment letter, property documents). CBP officers are more likely to admit travellers who can clearly demonstrate a legitimate purpose and intent to return.
Know your rights — and their limits. You have the right to remain silent beyond answering basic admissibility questions (citizenship, purpose of visit, length of stay). However, refusing to answer can result in denial of entry. You do not have the right to enter the United States — entry is always at the discretion of the CBP officer.
Understand the DNA question specifically. If asked to provide a DNA sample, you can ask: "Am I being formally detained or arrested?" and "Under what specific legal authority is this collection being made?" Document the officer's name and badge number. You are not required to consent to DNA collection unless you are formally arrested or detained under federal custody — but be aware that refusal may result in denial of entry or, as Larson experienced, threats of prosecution.
Consider travel insurance that covers legal assistance. Several Canadian insurers now offer cross-border legal coverage that includes access to a US immigration attorney by phone if you encounter problems at the border.
Secure your phone before crossing. CBP has the legal authority to search electronic devices at the border without a warrant. Consider backing up your phone and travelling with minimal data. Turn off biometric unlock (Face ID, fingerprint) and use a passcode instead — US courts have generally held that officers cannot compel you to provide a passcode, but can use your face or finger to unlock a device.

At the border:

Be polite and direct. Answer admissibility questions honestly and concisely.
Do not volunteer information beyond what is asked. Stating political opinions or protest plans can flag you for additional screening.
If you are pulled for secondary inspection, ask whether you are being detained. The answer matters legally.
If asked to provide biometrics (DNA, fingerprints, photos), ask for the specific legal basis. Document everything you can — times, officer names, badge numbers, the specific requests made.
Do not sign anything you don't understand. Ask for clarification and, if possible, request to speak with a supervisor or contact a lawyer.

If something goes wrong:

File a complaint with CBP's Office of Professional Responsibility (cbp.gov) immediately after your experience. Include dates, times, location, officer identification, and a detailed account.
Contact your Member of Parliament. Canadian consular officials have limited ability to intervene at US ports of entry, but your MP can raise the issue through diplomatic channels.
Contact the Canadian Civil Liberties Association (ccla.org) if you believe your rights were violated.
Report the incident to Global Affairs Canada through the Registration of Canadians Abroad service or by calling 1-613-996-8885.

If You're Reconsidering US Travel Entirely

You're not alone. According to multiple reports, Canadian travel to the United States has dropped significantly since early 2025, driven by concerns about border treatment, political tensions, and the ongoing trade dispute. If you're weighing whether to cancel a US trip, consider these practical factors:

Land border crossings carry more unpredictability than air travel, because CBP officers at land ports have broader discretion and less oversight than at major airports.
NEXUS cards can expedite processing but do not guarantee entry or protect you from secondary screening.
Alternative destinations within Canada offer comparable experiences. If you were planning a shopping trip to Buffalo or a weekend in Michigan, consider exploring options in Ontario, Quebec, or the Maritimes instead.

For Dual Citizens and Permanent Residents

If you hold both Canadian and US citizenship, you have stronger protections — US citizens cannot be denied entry and cannot be compelled to provide DNA unless arrested. However, you must enter the US on your US passport. Presenting only a Canadian passport as a dual citizen can create complications.

If you're a Canadian permanent resident (not citizen), your position at the US border is similar to any other foreign national. PR status in Canada provides no special consideration from CBP.

The News: What Happened

According to CBC News, Kevin Larson, a 68-year-old retired power plant health physicist from Kincardine, Ontario, arrived at the Blue Water Bridge connecting Sarnia, Ontario, to Port Huron, Michigan, on October 18, 2025. As reported by CTV News, when Larson told the screening officer he was heading to a "No Kings" rally in Port Huron — a protest against President Donald Trump's policies — he was flagged for a "random check" and directed to secondary inspection.

According to the Detroit News, Larson was held for approximately three hours. During that time, CBP officers demanded he provide a DNA sample via cheek swab. As reported by CBC News, Larson initially refused on privacy grounds, but officers and a supervisor told him he risked being charged with a criminal offence and facing up to a year in prison if he refused. Larson ultimately agreed, stating he "didn't want to get any sort of ban on coming into the states."

After collecting the DNA sample, according to multiple reports, CBP officers denied Larson entry to the United States and sent him back to Canada. CBP told CBC News the DNA was collected "in accordance with the law — DNA Fingerprint Act of 2005 — due to this immigration violation," but did not specify what violation occurred.

The story gained national attention in late March 2026 when US Representatives Debbie Dingell (D-Michigan) and Jamie Raskin (D-Maryland) sent a letter to the Departments of Homeland Security, State, and Justice demanding answers about the "extraordinary incident," according to CBC News. Rep. Dingell told reporters she was "outraged" by the treatment of a Canadian citizen with no criminal record.

Analysis: Why This Matters

Based on our analysis, this incident represents a significant escalation in the treatment of Canadian travellers at US ports of entry — and it raises questions that go well beyond one man's experience at the Blue Water Bridge.

The Legal Grey Zone

The core issue is the gap between CBP's stated policies and what individual officers do in practice. CBP's own 2020 guidance explicitly exempts travellers being processed for admissibility at ports of entry from DNA collection. Yet a CBP spokesperson defended the collection as lawful. This contradiction suggests either the policy has been quietly revised, the officer acted outside guidelines, or CBP is interpreting "immigration violation" so broadly that virtually any denial of entry could trigger DNA collection.

For Canadians, this ambiguity is the real threat. If you don't know whether a CBP officer's demand is legally grounded, you're forced to make a high-stakes decision — comply or risk prosecution — without adequate information.

The Chilling Effect on Cross-Border Travel

Canada-US border crossings have already declined amid tariff disputes, political tensions, and tightened enforcement. Incidents like this accelerate the trend. The Blue Water Bridge alone handles approximately 5 million vehicle crossings annually, and the Sarnia-Port Huron corridor is a critical economic link for southwestern Ontario.

When ordinary Canadians — retirees with no criminal records, families visiting relatives, business travellers attending meetings — begin to view the US border as unpredictable or hostile, the economic consequences ripple through border communities on both sides.

What Happens Next

The Dingell-Raskin letter demands a response from three federal departments, which could force CBP to clarify its DNA collection policies. Meanwhile, Canadian privacy advocates and civil liberties organizations are monitoring the case closely.

We expect this issue to receive further attention in Parliament, particularly given the broader context of Canada-US relations in 2026. If CBP does not provide clear guidance, Canadian travellers will continue operating in a legal grey zone where individual officers exercise broad discretion over biometric collection.

Your Action Plan

Immediate (This Week):

Review your upcoming US travel plans and assess whether they're essential
Ensure you have a valid passport (not just an enhanced driver's licence) for border crossings
Back up your phone and review what personal data is accessible on your devices

Short-term (This Month):

Research travel insurance options that include cross-border legal assistance
If you hold dual citizenship, ensure your US passport is current
Save the CBP complaint portal URL and the Global Affairs Canada emergency number (1-613-996-8885) in your phone contacts

Long-term (This Year):

Consider applying for NEXUS if you travel frequently — it won't prevent secondary screening but may reduce its likelihood
Follow updates on the Dingell-Raskin inquiry for any policy changes from CBP
Explore Canadian alternatives for routine cross-border trips (shopping, entertainment, short vacations)

Other Perspectives

US Congressional Response:

According to CBC News, US Representatives Debbie Dingell and Jamie Raskin have demanded answers from the Departments of Homeland Security, State, and Justice. Rep. Dingell stated she was "outraged" and called the incident "extraordinary." This bipartisan concern suggests the treatment may have exceeded even what US lawmakers consider acceptable enforcement.

CBP's Position:

CBP maintains the DNA collection was lawful under the DNA Fingerprint Act of 2005, citing an unspecified "immigration violation," according to CBC News. The agency has not clarified what violation occurred or how it justifies DNA collection from a traveller who was not formally arrested or detained under federal custody.

Canadian Civil Liberties Perspective:

Privacy advocates argue that coerced DNA collection from travellers with no criminal record sets a dangerous precedent. The Canadian Civil Liberties Association has previously raised concerns about biometric data collection at borders, noting that once DNA is in a US federal database, there is no clear mechanism for a Canadian citizen to request its deletion.

Canadian Government Response:

As of this writing, the Canadian federal government has not issued a formal statement on the Larson case specifically. Global Affairs Canada advises all Canadians that "admission to the United States is at the sole discretion of US Customs and Border Protection" and recommends travellers carry documentation of their purpose of travel.

Note: Including multiple perspectives doesn't imply all views are equally valid, but ensures readers can make informed judgments.

Corrections Policy

We strive for accuracy. If you find an error in this analysis, please email us at [email protected]. We will promptly investigate and correct any factual inaccuracies.

Updates:

No corrections to date (as of March 30, 2026)

Sources

CBC News, "U.S. lawmakers demand answers after Canadian man says border officers made him give DNA sample," March 2026
CTV News, "Canadian man says he was denied entry, forced to submit DNA sample at U.S. border," March 2026
Detroit News, "Canadian's DNA taken at Blue Water Bridge by border agents, retiree says," March 2026
The Travel, "U.S. Border Guard Forces Canadian To Give DNA Or Risk Jail Time After Revealing Travel Plans," March 2026
US Government Accountability Office, "DNA Collections: CBP is Collecting Samples from Individuals in Custody," GAO-23-106252
CBP, December 2020 DNA Collection Implementation Guidance