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 collecting DNA from people charged with less serious misdemeanors — but only if federal immigration authorities want them detained. This could include immigrants not ultimately deported.
If enacted, Georgia’s measure would make it the third state to single out immigrants believed to be in the U.S. illegally for the collection of genetic material that wouldn’t be taken from others. 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 as it carries out a plan to deport millions of people from the U.S.
“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.
Immigrant DNA collection has grown in recent years
The FBI launched the National DNA Index System in 1998 to compile DNA samples submitted by federal, state and local authorities, which has grown in size and now contains more than 26 million DNA profiles, many from convicted criminals.
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. However, most immigrants had their DNA rarely collected before Trump’s first term, when a new Department of Justice rule reduced discretion in DNA collection.
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 has faced criticism regarding how many detained immigrants have had their DNA collected during Trump’s second term, especially as it looks to broaden its authority to collect DNA from U.S. citizens for immigration benefit purposes.
The Georgia legislation may enable DNA collection from immigrants for any misdemeanor or felony charges triggered by U.S. Immigration and Customs Enforcement's detainer request.
Some legal experts have raised concerns regarding constitutional rights, particularly as many states do not traditionally collect DNA for misdemeanor arrests. Critics argue that this creates a disparity where DNA would be collected based on perceived immigration status, further complicating the relationship between law enforcement and immigrant communities.
Ultimately, Georgia’s legislation represents the latest flashpoint in the national debate over immigration, law enforcement, and individual privacy, with strong opinions on both sides.
