ATLANTA – For the past thirty years, DNA collection from convicted criminals has been a cornerstone of the U.S. justice system. In recent years, several states have expanded this practice to include swabbing individuals arrested for serious crimes. In Georgia, a proposed bill awaits a final vote that would broaden this initiative even further, allowing DNA collection from people charged with less serious misdemeanors, but only if federal immigration authorities seek to detain them. This could extend to immigrants who are not ultimately deported.
Georgia’s Proposed DNA Collection Bill
If passed, Georgia’s legislation would make it the third state to mandate the collection of DNA from immigrants who are suspected of being in the country illegally. Florida enacted a similar law in 2023, while Oklahoma authorized DNA collection from undocumented immigrants back in 2009, though its implementation remains contingent upon funding.
The expansion of DNA collection laws mirrors trends seen at the federal level, particularly during the Trump administration, which sought to bolster the use of DNA and biometric data in immigration enforcement efforts aimed at deporting millions from the United States. “This exemplifies a global trend where government entities at all levels are increasingly collecting DNA data in various contexts,” stated Stevie Gloverson, director of research and advocacy at Georgetown University Law School’s Center on Privacy and Technology.
Rise in Immigrant DNA Collections
The National DNA Index System, established by the FBI in 1998, has significantly expanded to include over 26 million DNA profiles, primarily from convicted individuals. A federal law passed two decades ago permits the attorney general to broaden DNA collection to include individuals arrested by federal authorities and noncitizens. However, federal exemptions previously limited the DNA collection from immigrants.
This changed in 2020 during the Trump administration, when the Justice Department implemented stricter guidelines that notably increased DNA collections. The Department of Homeland Security has reportedly added over 2.6 million DNA profiles from detainees to the national database over five years, according to an analysis by the Privacy Technology Center. The department’s attempts to collect DNA from U.S. citizens for the purpose of establishing family relationships in immigration cases also reflect an ongoing push for expanded powers.
Limited DNA Collection for Misdemeanor Arrests
While many states collect DNA from those arrested for felonies, only ten states extend this practice to specific misdemeanor offenses, such as sexual crimes. No state currently collects DNA from all misdemeanor arrests, as noted in an AP analysis drawn from data compiled by Boise State University’s Division of Criminal Justice. However, Florida and Oklahoma laws allow any arrest to prompt DNA collection for immigrants subject to federal detainer requests. Queries to Florida’s Department of Law Enforcement and Oklahoma’s State Bureau of Investigation regarding the applicability of these laws went unanswered.
Under the proposed Georgia bill, DNA collection would be mandatory for immigrants facing misdemeanor or felony charges if U.S. Immigration and Customs Enforcement does not detain them within 48 hours of a request. Senator Tim Bearden, a Republican sponsoring the bill, argues that it represents a significant step toward addressing crime. He emphasized that “technology is changing rapidly, and DNA will be crucial in delivering justice for victims both in Georgia and nationally.”
Potential Impacts of the Legislation
The 2024 Georgia law would likely necessitate collaboration between local law enforcement and federal agencies to identify and detain illegal immigrants, creating the risk of losing state funding for those that do not comply. Legal experts express concern that such measures could lead to DNA collection from individuals detained for minor violations. Maisie Lynn Guertin, executive director of the Georgia Association of Criminal Defense Lawyers, pointed out that minor traffic offenses, which may only attract civil penalties in some states, could qualify as misdemeanors in Georgia, thereby falling under this new legislative framework.
Constitutional Concerns over DNA Collection
The U.S. Supreme Court upheld a Maryland law in 2013 that allows DNA collection from individuals charged with, but not yet convicted of, certain serious crimes, provided there is probable cause for their detention. This case is frequently referenced to justify the expansion of DNA collection efforts. Nevertheless, many immigration advocates question whether civilian immigration detainers satisfy the probable cause requirement necessary for DNA collection, as outlined by the Fourth Amendment’s protections against unreasonable searches and seizures. Jorge Lowery, managing director of the American Immigration Council, argued that there is “little justification for states to mandate DNA collection from noncitizens simply accused of a crime, especially minor offenses.” He characterized this trend as an effort to intensify surveillance of non-citizens.
