How many ‘fake families’ are seeking asylum at border?

The claim: “You’ve undoubtedly heard about the pilot programs with the Border Patrol where they’re doing DNA testing. … They’re identifying fake families. In the areas where those are being implemented, it’s something like 30 percent are fake families.” — Ken Cuccinelli, acting director of the office of U.S. Citizenship and Immigration Services

Cuccinelli made the statement in Austin during an appearance at the Texas Public Policy Foundation. Fearing that children were being smuggled across the U.S.-Mexico border, the Trump administration this year rolled out a pilot program to DNA test some groups apprehended at the border who purported to be family units, as a

way to determine if they are in fact related. PolitiFact ruling: Half True. While the DNA testing program uncovered cases of migrant groups lying about being families, the federal data we found showed the rate of fraudulent families was lower than Cuccinelli’s figure.

Discussion: The pilot DNA testing program Cuccinelli referred to was carried out earlier this year by U.S. Immigration and Customs Enforcement agents. Officials said the rapid DNA tests, administered through cheek swabs, were done on a voluntary basis. Results take about 90 minutes to produce.

Before rapid DNA testing, officials relied on more traditional investigative means to suss out fraudulent families, like screening documents for counterfeits. Using such methods, agents detected more than 1,000 instances of fraudulent families attempting to cross the Southern Border from October 2018 through April of this year, according to the Washington Post.

During a three-day pilot operation in early May, DNA testing revealed a portion of the groups caught crossing the border illegally had lied about being related. But the rate was not as high as 30 percent, as Cuccinelli said.

According to an ICE statement in June, agents tested 84 family units who “presented indicia of fraud.” Of those, 16 groups claiming to be a family were identified as fraudulent. That’s a rate of 19 percent.

The June ICE statement also said the agency would extend the pilot program by 120 days, and expand it to five additional border locations beginning later that month. However, we found no data showing the results of the extended pilot program.

Homeland Security did not respond or provide data when asked. The office of U.S. Citizenship and Immigration Services — under Cuccinelli’s charge — did not respond to our request, either.

It’s not entirely clear where Cuccinelli’s 30 percent figure comes from.

The Associated Press reported on May 1 that “ICE officials said they have identified 101 possible instances of fraudulent families since April 18 and determined one-third were fraudulent.” But that report was published prior to the rollout of the DNA pilot program that began May 8.

Sen. Lindsey Graham, R-S.C., cited the 30 percent figure during a July 14 appearance on Fox News’ Sunday Morning Futures.