ATLANTA (AP) — Over the past three decades, the collection of DNA from convicted criminals has become standard in the U.S. justice system, with many states swabbing individuals arrested for serious crimes.
However, a new piece of legislation awaiting a final vote in Georgia proposes extending this practice to include DNA collection from individuals charged with less serious misdemeanors, but only if federal immigration authorities have requested their detention. This could potentially affect immigrants who are not ultimately deported.
If passed, Georgia would join Florida and Oklahoma as the third state to specifically target immigrants for DNA collection based on their immigration status. Florida enacted a similar law in 2023, while Oklahoma's legislation has been in place since 2009 but remains subject to funding.
As the legislation unfolds, it comes amid a backdrop of heightened scrutiny and attempts to expand immigration enforcement under the Biden administration, paralleling prior efforts when Donald Trump was in office.
Critics, including privacy advocates, argue that such measures represent an escalating trend of government entities amassing DNA data across various contexts, raising alarming questions about civil liberties.
Growing Concerns Over Immigrant DNA Collection
The FBI’s National DNA Index System, launched in 1998, now contains over 26 million DNA profiles primarily from convicted individuals. Recent rule changes allow for a broader collection of DNA from individuals arrested, particularly immigrants detained under federal authority, further complicating the legal landscape.
Despite this, the percentage of detained immigrants whose DNA is collected remains unclear as the government seeks to expand its collection authority, which could also include U.S. citizens in certain situations.
Currently, while ten states collect DNA from select misdemeanors, none do so for all misdemeanors. However, under laws in Florida and Oklahoma, any arrest could lead to DNA collection for immigrants targeted by federal detainer requests.
The proposed legislation in Georgia requires DNA collection from immigrants facing any misdemeanor or felony charges if U.S. Immigration and Customs Enforcement has issued a detainer request that has not been acted on within 48 hours.
State Senator Tim Bearden, a Republican supporting the bill, emphasized the importance of using technology to ensure justice for victims, while opponents express concerns about its implications for public safety and privacy rights.
Legal Implications and Questions Concerning Constitutional Rights
Experts warn that the legislation raises significant constitutional questions, particularly regarding the Fourth Amendment's protections against unreasonable searches. The legality of collecting DNA based solely on immigration status is being scrutinized by various civil rights advocates and legal experts.
Overall, if enacted, this law would not only change how DNA is collected but also could have profound implications for the treatment of immigrants within the legal system.
