A bill advancing through the Georgia legislature proposes a significant expansion of DNA collection within the state's justice system, specifically targeting certain immigrants accused of lower-level offenses.

Expanding DNA Collection Mandates in Georgia

The proposed legislation would require DNA samples from individuals charged with misdemeanors or felonies if U.S. Immigration and Customs Enforcement (ICE) requests they be held, regardless of whether deportation ultimately occurs.

If enacted, Georgia would join a select group of states that specifically mandate DNA collection from immigrants suspected of being in the country without authorization. Florida implemented a comparable law in 2023, and Oklahoma authorized one in 2009, although its implementation is subject to funding availability.

Context of Current DNA Collection Practices

For decades, DNA collection has been standard procedure for individuals convicted of crimes across the United States. Many states also collect samples from those arrested for serious felony charges.

The Georgia proposal specifies that DNA collection would be required if ICE issues a detainer request but fails to take custody of the individual within 48 hours. Proponents argue that evolving technology necessitates broader DNA use for justice.

As one supporter noted during a March hearing, "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," referencing comments made by Bearden.

Immigration Enforcement and Biometric Data

This state-level proposal aligns with broader efforts by the Trump administration to increase the use of DNA and other biometric tools in immigration enforcement activities aimed at deporting more individuals.

Stevie Glaberson, director of research and advocacy at the Center on Privacy and Technology at Georgetown University law school, commented on this trend, stating, “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.”

Federal law passed approximately two decades ago permitted DNA collection from arrested individuals and noncitizens held under federal authority, though exceptions previously limited immigrant inclusion. This changed in 2020 when a Justice Department rule reduced that discretionary power.

Since then, the Department of Homeland Security has added over 2.6 million DNA profiles from detainees to the National DNA Index System (NDIS), which the FBI established in 1998. The NDIS currently holds more than 26 million DNA profiles.

Legal and Practical Concerns Raised

At the state level, DNA collection is generally restricted to more serious offenses. An Associated Press review indicated only 10 states collect DNA for specific misdemeanor arrests, such as sex offenses, with none collecting it for all misdemeanor charges.

Mazie Lynn Guertin, executive director with the Georgia Association of Criminal Defense Lawyers, pointed out that traffic offenses treated as civil matters elsewhere are misdemeanors in Georgia, potentially subjecting those drivers to the law.

Guertin expressed skepticism regarding the law's utility, stating, “We don’t think that swabbing a person who’s committed a traffic violation is a boon for public safety.” She added that the link between a minor traffic violation and a crime solvable by DNA is often minimal.

Kyle Gomez-Leineweber, policy director for Common Cause Georgia, argued that the bill establishes a discriminatory system: “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.”

While the U.S. Supreme Court upheld DNA collection for serious crime charges in 2013, advocates question its constitutionality when based on immigration detainers, which are civil actions. Jorge Loweree of the American Immigration Council suggested the mandate appears to be an effort to increase surveillance of noncitizens without meaningful justification for collecting genetic material from those merely accused of low-level crimes.