Department of Justice Issues Final Rule on DNA Collection for Migrants
The Department of Justice (DOJ) issued a final rule announcing the start of DNA collection from immigrants in federal custody beginning this spring. The rule is meant to fully enforce the DNA Fingerprinting Act of 2005, which requires the government to collect DNA samples “from individuals arrested, facing charges, or non-U.S. persons who are detained.”
The new rule describes the DNA-sampling process as “on a par” with fingerprinting and photographing procedures in the regular booking process.
“The rule requires DNA-sample collection both for persons arrested on Federal criminal charges and for non-United States persons in detention for immigration violations because DNA identification serves similar purposes and is of similar value in both contexts,” the rule explains.
Previously, the law allowed the Secretary of the Department of Homeland Security (DHS) to exempt DNA collection from detainees when resources were limited or other barriers existed. The new rule eliminates that exemption for being “at odds with the treatment of all other federal agencies” and because of “fundamental changes in the cost and ease of DNA-sample collection” that have occurred since the original law was passed.
The rule maintains three other exemptions for individuals actively working through the legal immigrant system, for individuals held at a port of entry during consideration of admissibility and not subject to further detention or proceedings, and for individuals held in connection with maritime interdiction, “because collecting DNA samples in maritime interdiction situations may be unnecessary and practically difficult or impossible.”
The rule requires agencies collecting DNA to work with the Federal Bureau of Investigation (FBI) laboratory regarding DNA-sample collection and analysis and to take other measures required for implementation.
The rule described DNA as a “genetic fingerprint” that allows federal law enforcement to narrow down criminal suspects, identify potentially dangerous individuals, and inform decisions regarding continued detention or release.
“DNA identification furthers the fundamental objectives of the criminal justice system, clearing innocent persons who might otherwise be wrongly suspected or accused by identifying the actual perpetrator, and helping to bring the guilty to justice,” the rule notes. “Here, too, it makes no difference whether the basis of the detention is suspected criminality or an immigration violation.”
