Meg Anderson
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The four people who brought the case say they were peacefully protesting outside an ICE detention center near Chicago when they were arrested.
Each was forced to give a DNA sample.
Two were never charged, and the other two faced misdemeanor charges that were later dismissed.
But they say the government still has their genetic profile.
DHS did not respond to a request for comment, but NPR has reported on similar cases in recent months across the country.
In an earlier statement, DHS told NPR that federal law requires them to collect the DNA of people they arrest.
The lawsuit argues, however, that a 2013 Supreme Court case only allows the practice in the case of serious crimes.
The delays are the result of new security checks the agency has added to its immigration applications.
That's according to USCIS spokesperson Zach Kaler.
He tells NPR in a statement that the agency is gaining more access to federal criminal databases.
Processing will continue, he says, and any delay, quote, should be brief and resolved shortly.
The delays, though, come amid an ongoing halt to applications from people born in 39 countries, including Nigeria, Iran, Afghanistan and Venezuela.
That pause, which has lasted nearly five months, has affected hundreds of thousands of people who are trying to make decisions about where they'll go to school and where they can work.
The complaint identifies the ICE officer as Gregory Donnell Morgan Jr.
According to the complaint, in February, the two alleged victims say they saw Morgan driving an unmarked SUV along the shoulder of a highway.
The victims say they pulled over to block the car, not knowing it was a federal officer, but eventually pulled back into the lane.
The complaint alleges that Morgan then sped up, rolled down his window, and pointed his gun at the victims.
During a voluntary interview, Morgan told state investigators he feared for his safety.