A new legislative proposal advancing in Georgia seeks to expand DNA collection practices significantly. The bill targets individuals charged with misdemeanors, provided federal immigration authorities have issued a detainer request for their custody.

Expanding DNA Collection Beyond Convicted Criminals

Context of National Biometric Expansion

This move aligns with the broader strategy of the Trump administration to increase the use of DNA and biometrics in its efforts to enforce immigration laws and deport millions.

While DNA collection from convicted criminals has been standard for three decades, and many states swab those arrested for serious felonies, Georgia's measure pushes the boundary further.

Georgia Joins Other States in Targeting Immigrants

If enacted, Georgia would become the third state to specifically mandate genetic material collection from immigrants believed to be in the U.S. illegally, even if they are not ultimately deported.

  • Florida enacted a similar law in 2023.
  • Oklahoma authorized DNA collection from immigrants illegally present in 2009, though funding remains an issue.

Details of the Proposed Georgia Legislation

Misdemeanors and Detainer Requests

The Georgia legislation would require DNA collection from immigrants facing any misdemeanor or felony charge. This applies specifically if U.S. Immigration and Customs Enforcement (ICE) has issued a detainer but failed to take custody within 48 hours.

Georgia State Senator Tim Bearden, a Republican sponsoring the bill, argued during a March hearing that the technology aids in solving crimes and bringing justice to victims across the nation.

Concerns Over Minor Offenses

Legal experts note that traffic offenses classified as misdemeanors in Georgia could trigger this DNA collection. Mazie Lynn Guertin, executive director of the Georgia Association of Criminal Defense Lawyers, questioned the public safety benefit.

Guertin stated, “We don’t think that swabbing a person who’s committed a traffic violation is a boon for public safety.” She pointed out the weak correlation between minor traffic infractions and crimes solvable by DNA evidence.

Federal Context and Legal Scrutiny

Growth of National DNA Database

The FBI established the National DNA Index System (NDIS) in 1998, which now holds over 26 million profiles, primarily from convicted offenders. Federal law enacted two decades ago permitted DNA collection from arrestees and detained noncitizens.

However, a 2020 Department of Justice rule under the Trump administration removed previous exceptions, leading to rapid expansion. The Center on Privacy and Technology reported that DHS added over 2.6 million detainee profiles to the national database over the subsequent five years.

Immigration Partnerships and State Mandates

The Department of Homeland Security emphasized that partnerships with law enforcement are vital for securing resources needed to arrest criminal illegal aliens nationwide.

A separate 2024 Georgia law already mandates local police cooperation in identifying and detaining undocumented immigrants, threatening loss of state funding for non-compliance. This year's bill builds directly upon that existing framework.

Constitutional Questions Raised

Kyle Gomez-Leineweber of Common Cause Georgia noted that individuals with federal detainer requests might later prove legal status, yet their DNA would still be collected under the new law, creating a “two-tiered system.”

Advocates question whether civil immigration detainers meet the probable cause standard required by the Fourth Amendment against unreasonable searches. Jorge Loweree of the American Immigration Council suggested the measure appears designed merely to increase surveillance of noncitizens accused of even low-level crimes.

Stevie Glaberson of Georgetown University’s Center on Privacy and Technology observed this as part of a broader trend of government entities collecting DNA in “all available contexts.”