Georgia proposal would allow DNA swabs from immigrants sought by federal authorities

ATLANTA (AP) — Over the past three decades, the collection of DNA from convicted criminals has become standard in the U.S. justice system, and many states now also swab people arrested for serious crimes.

Legislation awaiting a final vote in Georgia would take that a step further by allowing the collection of DNA from people charged with less serious misdemeanors if federal immigration authorities want them detained. That could include immigrants not ultimately deported.

If enacted, Georgia's measure would make it the third state to permit the collection of genetic material from immigrants believed to be in the U.S. illegally. Florida passed a similar law in 2023. And Oklahoma in 2009 authorized DNA collection from immigrants in the U.S. illegally, though it remains subject to funding.

The new legislation comes as President Donald Trump's administration seeks to expand its use of DNA and biometrics in immigration enforcement.

"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,” said Stevie Glaberson, director of research and advocacy at the Center on Privacy and Technology at Georgetown University law school.

The FBI launched the National DNA Index System in 1998 to compile DNA samples submitted by federal, state, and local authorities. It's grown in size and scope and now contains more than 26 million DNA profiles, many from people convicted of crimes.

A federal law enacted 20 years ago allowed the attorney general to expand DNA collection to people arrested and to noncitizens detained under federal authority. But because of exceptions authorized by federal officials, few immigrants had their DNA collected.

That changed in 2020, during Trump's first term, when a new Department of Justice rule took away much of that discretion. Over the next five years, the Department of Homeland Security added the DNA profiles of more than 2.6 million detainees to the national database, according to an analysis by the Center on Privacy and Technology.

The department did not answer questions from The Associated Press about the percentage of detained immigrants whose DNA has been collected during Trump's second term.

But the department is looking to expand its authority. A proposed rule would allow it to collect DNA, including from U.S. citizens, to determine family relationships in immigrant benefit cases.

Though many states collect DNA from people arrested for felonies, just 10 states collect it from people arrested for certain misdemeanors, such as sex offenses, and none collect it for all misdemeanor arrests, according to an AP analysis of data compiled by the Boise State University Department of Criminal Justice.

Under the Florida and Oklahoma laws, any arrest could lead to DNA collection for immigrants subject to federal detainer requests. Officials in the Florida Department of Law Enforcement and the Oklahoma State Bureau of Investigation did not respond to questions about whether those laws are being used.

The Georgia legislation would require DNA collection from immigrants facing any misdemeanor or felony charges if U.S. Immigration and Customs Enforcement has issued a detainer request but has not picked up the person within 48 hours.

Georgia state Sen. Tim Bearden, a Republican sponsoring the bill, described the measure as a means of solving crimes.

“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,” Bearden said at a March hearing.

The Department of Homeland Security said in a statement that “partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country.”

A 2024 Georgia law mandates that local law enforcement cooperate with federal authorities to identify and detain immigrants in the U.S. illegally, or else lose state funding. This year's legislation would build upon that.

Opponents say it could result in DNA collections from immigrants taken into custody for minor violations. Traffic offenses that are penalized as civil violations in some states are considered misdemeanors in Georgia, making them subject to the new law, said Mazie Lynn Guertin, executive director and policy advocate with the Georgia Association of Criminal Defense Lawyers.

People subject to federal immigration detainer requests aren’t necessarily undocumented or deportable, because they may later prove their legal presence, said Kyle Gomez-Leineweber, director of policy for Common Cause Georgia. But such people could have their DNA collected under the Georgia legislation.

The U.S. Supreme Court in 2013 upheld a Maryland law allowing DNA to be collected from people charged — but not yet convicted — of certain serious crimes. That law allows DNA to be added to a database after it's determined there is probable cause to detain someone, provided it's deleted if the person is not ultimately convicted.