Georgia Legislation Expands DNA Collection to Immigrants Facing Minor Charges
A contentious legislative proposal in Georgia is poised to significantly expand the collection of DNA from individuals in custody, specifically targeting immigrants detained for minor offenses. The bill, awaiting a final vote, would authorize genetic swabbing from people charged with misdemeanors—but only if federal immigration authorities have issued a detainer request for them. This measure could affect immigrants who are not ultimately deported, raising profound legal and ethical questions.
Precedent in Florida and Oklahoma
If enacted, Georgia would become the third state to single out immigrants believed to be in the U.S. illegally for DNA collection that would not be required for others. Florida passed a similar law in 2023, while Oklahoma authorized such collection from undocumented immigrants in 2009, though its implementation remains contingent on funding. This legislative trend aligns with broader efforts by the Trump administration to enhance the use of DNA and biometrics in immigration enforcement, as part of a plan to deport millions from the country.
Stevie Glaberson, director of research and advocacy at the Center on Privacy and Technology at Georgetown University law school, commented on the development: "It is one example of something we are seeing across the landscape, which is government actors at all levels vacuuming up DNA in all available contexts."
Growth of Immigrant DNA Collection
The FBI's National DNA Index System, launched in 1998, has expanded to include over 26 million profiles, primarily from convicted criminals. A federal law two decades ago permitted the attorney general to extend DNA collection to arrestees and noncitizens detained under federal authority. However, exceptions limited its application until 2020, when a new Department of Justice rule under Trump's first term reduced discretion, leading to the addition of more than 2.6 million detainee profiles to the national database over five years, according to the Center on Privacy and Technology.
The Department of Homeland Security is now seeking to broaden its authority further, with a proposed rule allowing DNA collection—including from U.S. citizens—to verify family relationships in immigrant benefit cases.
State Practices and Georgia's Specifics
While many states collect DNA from felony arrestees, only ten do so for certain misdemeanors like sex offenses, and none collect it for all misdemeanor arrests, based on an AP analysis. Under the Florida and Oklahoma laws, any arrest can trigger DNA collection for immigrants subject to federal detainer requests, though officials in those states have not clarified if the laws are actively used.
The Georgia legislation would require DNA collection from immigrants facing misdemeanor or felony charges if U.S. Immigration and Customs Enforcement issues a detainer request but does not pick up the person within 48 hours. State Senator Tim Bearden, a Republican sponsoring the bill, defended it as a crime-solving tool: "Technology is changing quickly, and DNA is one of those things that help us tremendously when we’re trying to make sure to bring justice to victims in this state and across this country."
Potential Impacts and Legal Concerns
A 2024 Georgia law mandates local law enforcement cooperation with federal authorities to identify and detain undocumented immigrants, with funding penalties for non-compliance. This year's bill builds on that, potentially leading to DNA collections for minor violations. In Georgia, traffic offenses that are civil violations elsewhere are classified as misdemeanors, making them subject to the new law.
Mazie Lynn Guertin, executive director of the Georgia Association of Criminal Defense Lawyers, criticized the measure: "We don’t think that swabbing a person who’s committed a traffic violation is a boon for public safety. The correlation between a broken tail light and a crime that’s solvable with DNA is pretty attenuated in most cases."
Kyle Gomez-Leineweber, policy director for Common Cause Georgia, noted that individuals subject to detainer requests may later prove legal status, yet could still have their DNA collected: "What this really does is it creates a two-tiered system where some of the DNA would be collected based off of the perception of an individual’s immigration status."
Constitutional Questions Raised
The U.S. Supreme Court's 2013 decision upheld a Maryland law allowing DNA collection from people charged with serious crimes before conviction, provided profiles are deleted if no conviction occurs. This case is often cited to justify expanded DNA collection. However, immigrant advocates question whether civil immigration detainers meet the probable cause threshold required under the Fourth Amendment's protection against unreasonable searches and seizures.
Jorge Loweree, managing director of the American Immigration Council, expressed skepticism: "There doesn’t appear to be any kind of meaningful justification for states to step in to require the collection of DNA—of genetic material—from noncitizens in their custody who have merely been accused of a crime, even a low-level crime. It seems like this is just an effort to increase the surveillance of noncitizens."
The Department of Homeland Security emphasized the importance of law enforcement partnerships in a statement: "Partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country."
As the Georgia bill moves forward, it highlights ongoing debates over privacy, immigration enforcement, and the balance between public safety and constitutional rights in an era of advancing biometric technology.
