New York
His DNA Was Taken After His Arrest at an ICE Protest. Now, He’s Suing.
For Dana Briggs, a 71-year-old Air Force veteran, it was only natural that he would join a September demonstration outside a Chicago detention center. He has regularly protested the Department of Homeland Security’s actions for more than a decade.
But this time, he would find himself inside a federal prison hours later. He said that while at the demonstration, he had been knocked to the ground by agents, swarmed and arrested, and had been taken to a hospital, where he was handcuffed to a bed. He was then transferred to the federal facility, and read his rights, fingerprinted and photographed.
So by the time Mr. Briggs was ordered to take a cotton swab and rub it against the inside of his cheek, he complied.
“If you refuse to give a swab, you’re committing another crime,” Mr. Briggs said in an interview. “I was unaware of that. And I suspect that 99.9 percent of us in this country are unaware of that.”
This week, Mr. Briggs became the lead plaintiff in a lawsuit against the federal government’s DNA collection practice, arguing that his arrest and the collection of his sample violated his rights to protest and protections against the government conducting “warrantless, unreasonable intrusions” into his body.
The lawsuit, filed in the Northern District of Illinois, names three other people as plaintiffs, two of whom were arrested but never charged with a crime.
“The government’s chilling message is clear,” the suit says. “If you protest government policies, we will arrest you, file away your DNA and monitor you — and potentially your biological relatives — going forward.”
In a directive issued last year, U.S. Customs and Border Protection said that people who are arrested by its officers or who are facing charges or convicted must provide DNA samples. According to the directive, the agency will not use force to collect DNA samples but may refer people for prosecution if they don’t cooperate.
In Mr. Briggs’s case, he was released two days after his arrest, and the charges against him were dismissed two months later. The cases of four other protesters who were arrested that day were also dismissed. A federal judge found that the government “swung and missed — multiple times” in charging Mr. Briggs.
But while Mr. Briggs was freed, his DNA sample remained in federal custody.
Last year, Georgetown Law’s Center on Privacy and Technology found that DNA samples were collected from about 2,000 U.S. citizens who were stopped at border checkpoints from October 2020 to December 2024. In some cases, the report found, the agency collected the DNA without stating a reason for doing so.
And that was before the Trump administration’s immigration crackdown.
During President Trump’s second term, federal deployments have swept through major cities, leading to a wave of protests and clashes between immigration agents and demonstrators. Many protesters have been arrested, and while some were not charged with a crime or have had their charges dismissed, their DNA samples have been collected and stored.
The lawsuit asks that the Homeland Security Department — the parent agency of Immigration and Customs Enforcement — be forced to follow a 2013 Supreme Court ruling that limited DNA collection to suspects arrested in connection with serious crimes.
“It puts you and your family in a surveillance state database of people who’ve criticized this administration,” said Carey R. Dunne, a founder of the Free + Fair Litigation Group, which represents Mr. Briggs. He called the government’s actions “a constellation of constitutional violations that needed to be challenged.”
Mr. Dunne and Mark F. Pomerantz, another founder of the litigation group, had led the Manhattan district attorney’s investigation into Mr. Trump’s business practices. They resigned in 2022 and, with a third founder, formed Free + Fair, a nonprofit law firm that aims to stem the tide of what it describes as anti-democratic policies in the United States.
The federal government’s DNA collection practice, on an “authoritarian scale of one to 10, this is a 10,” Mr. Dunne said. In a statement Wednesday evening, the Department of Homeland Security said that the agency is required under federal law to collect DNA samples. The Department of Justice did not responded to a request for comment.
In the decades since DNA was introduced as evidence in criminal cases, law enforcement agencies across the country have come to rely on it, particularly in solving cold cases.
DNA can be collected through an array of methods beyond swabs of saliva. In New York’s Gilgo Beach murder case, investigators used a sample from a discarded pizza crust to connect Rex Heuermann to four bodies found in 2010 on Long Island. Law enforcement agencies, including D.H.S. and the Police Department, have faced lawsuits over their DNA collection practices.
Over the span of about a month last year, the Trump administration launched a crackdown on illegal immigration in Chicago called Operation Midway Blitz. Throughout the operation, protesters gathered outside the Broadview ICE Detention Center facility, which had become the centerpiece of the administration’s crackdown.
On the morning of Sept. 27, Mr. Briggs left his home in Rockford, Ill., and traveled to Chicago to attend an Indigenous festival. On his way home, “appalled” by the administration’s actions, he stopped by the detention center.
About two hours after he arrived, a field commander yelled at the demonstrators to clear the streets, Mr. Briggs recalled. Seeing no people blocking the federal agents’ path, Mr. Briggs asked, “Why?”
“It was only about maybe eight to 10 seconds between the command to clear the streets and when I actually got knocked on the ground,” he said. “So even if I had wanted, I really didn’t have time or the energy at that point to actually get my butt off the streets.”
Video showed federal agents swarming Mr. Briggs and arresting him. He was taken inside the detention center for several hours before being transported to Loyola University Medical Center for medical treatment. At about 1 a.m., the agents took him to a federal facility, where he was read his Miranda rights, photographed, fingerprinted and ordered to provide a DNA sample.
The genetic material was sent to an F.B.I. database called CODIS that was created to gather information about convicted criminals and missing people and to assess evidence from crime scenes. According to the lawsuit, people who have been arrested are responsible for making sure their DNA is removed from the database when their charges are dismissed. Studies have shown that in most states, only a handful of DNA profiles added to the database have been expunged, the suit said.
In Mr. Briggs’s case, the lawsuit challenges the legality of collecting DNA from people arrested for “nonserious offenses.” The lawsuit also asserts that federal officials could use the DNA to draw inferences about people’s relatives, who did not consent or do anything wrong.
According to the lawsuit, the F.B.I. recently reported that the federal government had amassed about 27 million DNA profiles in a variety of cases and is collecting almost 150,000 DNA profiles monthly.
“I just find this to be abhorrent,” Mr. Briggs said. “If we don’t have a right to our own selves, everything is going to break down.”
How can people possibly afford to live in one of the most expensive cities on the planet? It’s a question New Yorkers hear a lot, often delivered with a mix of awe, pity and confusion.
We surveyed hundreds of New Yorkers about how they spend, splurge and save. We found that many people — rich, poor or somewhere in between — live life as a series of small calculations that add up to one big question: What makes living in New York worth it?
Ryan Compton knows a thing or two about gigs. To make it in New York, he has worked as a retail associate inside the Museum of Modern Art’s gift store, a cashier for a downtown taqueria and a paint mixer for Takashi Murakami. He has experienced the paradox of a city both known for its artists and for pricing artists out.
Financial constraints forced Mr. Compton, who is from South Jersey, to move away from New York twice over the course of two decades. He has lived in Baltimore, Chicago and Philadelphia, but remains convinced the resources and people inside New York are unparalleled.
“You never know who you’re going to run into,” he said. “Everyone’s curious about each other.”
Since moving back in 2022, he has whittled down his source of income to a single gig as a security guard at the Metropolitan Museum of Art, where he made $51,000 before taxes last year. It’s his second time at the museum. He first worked there part-time in 2011 before leaving in 2015 to earn his master’s degree in sculpture from the School of the Art Institute of Chicago.
“I know I couldn’t afford graduate school and the cost of living in New York at the same time,” he said.
A third try at New York life has forced Mr. Compton, now 46, to confront the sustainability behind a career as both an interdisciplinary artist and a security guard — even inside one of the most famous museums in the world.
Love at First Sight (With New York)
As an undergraduate student at the Maryland Institute College of Art, Mr. Compton looked forward to spending weekends at his friend’s apartment gallery in the East Village in Manhattan.
A combination of showing face and knowing the right person led to his side project at the time — fashioning 3-d printed stuffed animals with skull faces — which were featured in an issue of Vogue Japan. He even sold a few inside a handmade craft store in Tokyo’s Ginza district for about $1,000.
“I was interested in the contrast between fuzzy-shaped animals and skulls,” he said, later adding, “You know, stuff when you’re a 20-something-year-old being kind of edgy.”
The early moment of success propelled Mr. Compton to chase after opportunities to showcase his work. While supporting himself financially through retail and service jobs, he helped write the artist Roman Ondak’s interactive performance piece at MoMA, “Measuring the Universe;” and worked as a collaborator for “No Souls for Sale,” an experimental project temporarily at Dia Chelsea and later, the Tate Modern in London. Both went unpaid.
“The chance to work in modern art before I was 30 is unheard of,” Mr. Compton said. “It only happens in New York.”
A Slower Pace
Tens of thousands of people flock to the Metropolitan on weekends, and it’s Mr. Compton’s job — one he has found increasingly difficult — to make sure the art is untouched. He believes social media has altered the way visitors engage with the museum. Think more selfies and poses leaned against Hellenistic marble.
The one hour work commute from Parkchester in the East Bronx gives him time to prepare for a long day ahead. He splits a two-bedroom with a co-worker for $1,000 a month and pays $50 in utilities. Heat and water are included in his rent, and his roommate covers the cost of Wi-Fi. He pays $90 each month for his phone bill.
The slower pace of the residential neighborhood matches the stage of life he’s in now. In the last few years, Mr. Compton has slowed down as he has come to terms with the expenses behind his art.
He no longer has free access to fabrication laboratories pegged to his university, and he has opted for the more cost-friendly hobbies of zine-making and book binding. He is, however, eyeing a $1,000 3-d printer. For now, he has settled on $20 a month Photoshop subscription.
The largest constraint tempering Mr. Compton’s spending is his $100,000 student loan debt from graduate school. The window for his deferment period closed, and even with some money he inherited after his mother passed, he says he needs a miracle to finish paying off his loans. “I’m not sure what to do anymore,” he said.
Splurging on Plants and Experimental Harsh Noise Records
Mr. Compton may not have any children, but he is a proud “plant dad.”
His apartment houses $1,000 worth of plants sourced through Facebook groups, pop-ups and by following Brooklyn Horticulture online. He typically pays $30-$50 for medium to large sized plants, but he is constantly on the lookout for deals.
When he isn’t at home with his plants, Mr. Compton treks into Manhattan to do his weekly grocery shopping at Trader Joe’s. He prefers the prices there to local spots in the Bronx and estimates he spends $70 each week.
A cash guzzler of Mr. Compton’s food budget is the $20 a day — an additional $80 a week — he spends at the Metropolitan’s staff cafeteria for breakfast and lunch. When working 12 hour shifts, “I’m not gonna go home and make something to bring the next day,” he said.
On his days off, he seeks out affordable food deals. He frequents Vanessa’s Dumplings in Chinatown for their $8 dumpling special.
When in the mood to treat himself, Mr. Compton rides the train a few more stops out to Ridgewood, Queens and Bushwick, Brooklyn, to visit his favorite record stores like Fringe Records and Nexus Records. An experimental harsh noise aficionado, he spends no less than $100 each visit.
His biggest and most recent splurge was a 10-day trip to Tokyo, Kyoto and Osaka in Japan in February. He was able to cut his $900 round trip ticket to $700 with credit card points. Add in the cost of hotels, meals and souvenirs, he spent close to $5,000 total.
“I wanted to go because my artwork had been to Japan, but I haven’t been to Japan,” he said.
Looking Ahead
Mr. Compton wants to strike a balance between saving and enjoying the life he dreamed of in New York. To help pay off his loans, he considered applying to be an art handler for the Metropolitan, a job with a slight pay bump. But without his present benefit of overtime pay, he’s afraid he would be making less than he does currently.
Over the years, Mr. Compton has found community among other security guards at the Metropolitan, who, like him, are artists. He has also built inroads with notable names at the museum, one being Sheena Wagstaff, the former chairman of modern and contemporary art, who he said took the time to know Mr. Compton not only as a co-worker, but also as an individual, too.
Because of his connections, he feels like he has nowhere else to go. He considered a quieter lifestyle upstate in Westchester or the Catskills, but believes he will make less money outside of the city. And, of course, he would have to leave the place he’s called home for the majority of his adult years.
“I did four other cities, and they weren’t as good or great as I like New York,” he said. “I always end up here.”
We are talking to New Yorkers about how they spend, splurge and save.
You made it time. If you want to look a little longer, just scroll back up and press “Continue.”
Look up.
Before you commute home to suburbs like Tarrytown and Larchmont, or race toward the next stop on your tourist map, take a minute.
Look up to see the stars.
One hundred and twenty-five feet above you are 2,500 stars and six signs of the zodiac along the ecliptic, a line that represents the path of the sun across the sky:
The signs are joined by a few others: Orion, Pegasus, Triangulum and, in the center of it all, Musca Borealis (the Northern fly, or sometimes called Apis, the bee). The Milky Way streaks across the ceiling in the opposite direction. The whole thing is ringed by intricate plaster moldings along the clerestory windows. Fifty-nine of the stars twinkle.
Who says there isn’t magic in Midtown?
The original early 1900s plan for the ceiling was to build a massive skylight so commuters could look up at the actual stars:
But time and money were short, so the architects asked the artist Paul Helleu to design a version of the sky on the ceiling instead. Helleu took inspiration from star atlases from the 1600s. His main resource was the Uranometria from 1603, a lushly illustrated volume that was the first detailed cataloging of individual stars, their positions and brightness. See how similar the figures are. This is Aries:
Here’s Taurus, the bull:
A heart balloon — one of several — had floated up the day we took this photograph, nestling between Orion’s club and Taurus’s horn (maybe an earthly sign that this heavenly hunt might finally resolve).
Converting the flat drawings of a spherical sky re-projected onto a semi-cylindrical vaulted ceiling would have been no easy task. The design work was done by a famous scenic designer and muralist, James Monroe Hewlett, and was overseen by the Columbia astronomy professor Harold Jacoby, who in 1910 assured a panicked public that Halley’s comet would not hit Earth.
Dozens of painters got to work. The terminal opened at midnight on Feb. 2, 1913. The New York Central Railroad boasted “that many school children will go to the Grand Central Terminal to study this representation of the heavens.”
Two weeks later, a commuter from New Rochelle (and a hobby astronomer) looked up at the ceiling and realized that west was east and east was west and the sky was not, actually, in a proper arrangement. Only Orion was shown in the “correct” orientation. He wrote a “wrathful” letter to the station. As The New York Times reported in 1913, officials at Grand Central “did not deny the charge that things were a bit mixed, but held that it was a pretty good ceiling for all that.”
How this happened is still a matter of debate, given Professor Jacoby’s astronomical blessing.
Michael Allison, a former NASA planetary scientist at the Goddard Institute for Space Studies (and a former adjunct in the Columbia astronomy and astrophysics department), met me last month at the great clock under the ceiling to explain his theory.
“I’ve stared at the ceiling I don’t know how many hours,” he said. “I keep hoping I can discover one more thing.”
The liberties taken, Mr. Allison said, like re-sizing the constellations to fit the space and flipping Orion (in relation to the rest), were carefully done. Ultimately, a good marriage of art and science. He thinks Jacoby was a victim of big project bureaucracy, that it was all a mixup.
Jacoby probably expected the design he approved to be projected overhead, where the result would match the plans if you held them above you. The painters put them on the floor instead. Hence, the flip.
But this “heavenly view” — the stars as if they could be seen from above, looking down — may not be a bad view at all.
“There are just so many bad things happening in the world now that I think the sky offers a perspective that can lift us above that,” Mr. Allison said.
For Deirdre Newman, the great-granddaughter of the muralist Hewlett, who painted the ceiling, the imperfection “is what art is.”
Ms. Newman, it turns out, is also a painter of murals and ceilings. But these days, if she has to flip an image, she just hits a button on the projector.
“Anytime I make a mistake painting, I’m like, this proves that it’s art,” she said. “It is not perfection, and it shouldn’t be — it would be a sad thing if it was.”
The stories that we’ve given to the stars over millenniums, some of the most retold tales in history, are hardly orderly — stories of fate, violence, betrayal, revenge, sex and punishment. Cancer helps Hera in pinching a rival’s foot. Orion, son of Poseidon, is placed in the stars by Zeus, locked in an eternal hunt. The two fish of Pisces (Aphrodite and Eros) are linked together to escape the monster-of-all-monsters, Typhon.
Or the stories are totally different if you were Babylonian or Egyptian, Greek or Roman. Today, the stars mean something else again to a devoted user of the horoscope app Co-Star, seeking reassurance after a breakup. And to a commuter standing in Grand Central, looking up while waiting for the train, the stars might just be a momentary diversion, a decorative way to pass the time. Or more.
Take what you want. Take what you need.
***
By the 1940s, the ceiling had fallen into disrepair, so they painted a whole new one on four-foot-by-eight-foot asbestos sheets over the old one. This is the version that exists today. Eventually that second ceiling, too, grew dark with grime and had to be cleaned from 1996 to 1998. The difference was stark. As you were zooming in, you may have noticed a little dark square by Cancer. They deliberately left one bit of the uncleaned ceiling here:
The best time to take all of it in — the ceiling, and the majesty of the station — might just be coming this weekend. The setting sun will line up with Manhattan’s street grid and should (pending clouds) bathe the terminal in a beautiful golden glow Saturday at 8:19 p.m. and Sunday at 8:20 p.m. I plan to be on the east balcony looking west on Sunday for that moment.
See you there.
How we took the photograph
To generate a high-resolution panorama of the ceiling, The Times captured 232 close-up images. We then used software to stitch these photos into an equirectangular projection, to approximate the curve of the ceiling. We also developed custom computer vision software to ensure consistent color blending across varying lighting conditions. To optimize for display efficiency and clarity during navigation, the image was then re-projected into the shape of a cube. We think it’s still a pretty good picture for all that.
This is an installment in our series of experiments on art and attention. If you liked this one, you may like these past exercises: a finished, unfinished portrait; a sudden rain over a bridge; a unicorn tapestry; some buckets from Home Depot; and a Whistler painting.
Sign up to be notified when new installments are published here. And let us know how this exercise made you feel in the comments.
Welcome to Day 2 of the Metropolitan Diary challenge, part of our celebration of the column’s 50th anniversary. On Day 1, we gave you tips for identifying your New York City story. Today, we’ll help you write it. (Missed Day 1? It’s not too late to start.)
What makes for a good Diary? It’s simply a good story that happens to be set in, and capture, the essential New York-ness of the city. While this isn’t a full writing course, we do have guidance on the kinds of elements that the submissions we publish include. They typically have: a beginning, middle and end; sharp details; catchy dialogue; a bit of surprise; some humor, warmth or emotion. But there is no formula, so flouting these loose rules can be worthwhile.
Don’t worry if you don’t think of yourself as a “writer.” Focus on being a “storyteller.” Pretend you are telling your story to the person who’d most appreciate it, using whatever conversational language or pacing that would hold their attention. Do it out loud if you want, maybe give that person a call and tell them your story (or tell it to them again). Then write it down.
That’s the big picture. For more tips, read on.
Here is an example of a published Diary that we (and readers) really liked, and a few thoughts on why that may help crystallize yours.
Unacceptable
Dear Diary:
I went to a new bagel store in Brooklyn Heights1 with my son.
When it was my turn to order, I asked for a cinnamon raisin bagel with whitefish salad and a slice of red onion.2
The man behind the counter looked up at me.
“I’m sorry,” he said. “I can’t do that.”3
— Richie Powers
One of this item’s best qualities is that it is short and snappy. Only 53 words! Although we will use stories of up to 300 words, many don’t need to be that long and the column doesn’t work if we don’t have a mix of long, medium and short, so we are always looking for stuff like this. Here’s another one!
At Attention
Dear Diary:
It was December 1967. I had just finished basic training at Fort Dix in New Jersey and was traveling to Boston in uniform. For reasons I no longer recall, I stopped in New York City on the way.1
Walking on the Upper East Side2 in a snowstorm, I spied another man in a uniform. He was older, and his cap bore the familiar gold band that identified him as an officer.
I rendered a snappy salute. It was not returned. 3The uniform was unfamiliar, so I guessed he was a foreign officer. Military courtesy still required me to salute.
A little farther down the street, I encountered another officer and offered another salute that went unacknowledged.4 His uniform was strange to me as well.
The third time it happened, the man I saluted ignored me while holding the door for a couple 5on their way into a large apartment building.
I realized I had been saluting doormen.6
— Stephen Salisbury
To get your storytelling muscles going, think through or jot down the answers to some of these questions.
Let’s start with setting the scene.
- When and where in the city did this happen? Is this place well-known?
- Was there anything particular about that point in your life that’s relevant?
- What did you see, hear, smell? Was there something notable about the weather?
Now, let’s move to the middle, the meat of the story.
- Did you have an exchange with someone?
- What details are important to how events unfolded, especially in setting up the ending?
And now, the end.
- What’s the resolution? Is there a punchline?
- Does the story end with a sense of shared humanity or some other warm feeling that lingers? You don’t need to name it. A good description will often allow readers to feel it too.
- Why has this experience stayed with you?
- Lines like “and that’s why I love New York” are almost always unnecessary.
That’s it. Keep your story simple and use the kind of plain language you use in conversation. You are sketching a moment in time. The details are important. Let them move the story along. Have fun and good luck.
Once you’re done, read through what you’ve got. What details are less important and can be left out? (Remember, there is a strict 300-word limit.)
Write your Metropolitan Diary however you like, on paper, on your phone or wherever! When you’re happy with what you’ve written, put your diary entry into the box below, fill out your information and submit it. You might just hear from me about including it in a future column.
This is the official submission form, so make sure to double-check your work before hitting submit.
That’s it! Submit your Metropolitan Diary.
By transmitting your submission, you grant The New York Times Company a perpetual, royalty-free license to use the submission in any medium. They may be edited, and may be republished and adapted in all media. You may reprint your story elsewhere after it appears in The Times.
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