Thursday, October 3, 2019

Going For The DNA

Via the New York Times:

The Trump administration is moving to collect DNA samples from hundreds of thousands of people booked into federal immigration custody each year and to enter the results into a national criminal database, an immense expansion of the use of technology to enforce the nation’s immigration laws.

Senior officials at the Department of Homeland Security said Wednesday that the Justice Department was developing a federal regulation that would give immigration officers the authority to collect DNA in detention facilities across the country that are currently holding more than 40,000 people.

The move would funnel thousands of new records to the F.B.I., whose extensive DNA database has been limited mainly to genetic markers collected from people who have been arrested, charged or convicted in connection with serious crimes.

There have long been calls to collect immigrant DNA records to help identify criminals who have previously been in immigration custody but may not otherwise be known to the authorities. Congress passed a law authorizing a broad collection of DNA data in 2005, but at the time an exemption was put in place to protect immigrants.

A homeland security official said in a call with reporters on Wednesday that the exemption was outdated, and that it was time to eliminate it.

And tattooing them on the forearm is a bit too on the nose.

Pro-trump anti-immigrants advocates will argue that it’s no different than taking a mug shot or fingerprints.  That’s true, but that’s only done when someone has been arrested and placed in custody.  The only crime these people committed was seeking legal asylum during the time of Trump.

Since I’m not a lawyer I can’t say whether or not this is a clear violation of the Fourth Amendment protection against unreasonable search and seizure, but I’m pretty sure there’s an attorney out there who can make the case and a judge who will enjoin the practice, much in the same way they did against drug testing applicants for welfare.  There is no probable cause for the unwarranted taking of a DNA sample, and assuming these people will commit a crime in the future opens the door for the state to take a DNA sample every time someone is stopped for speeding.  Try that and see how it goes over.

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