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ATLANTA, Georgia — A proposed law in Georgia would expand DNA collection to include immigrants in custody for misdemeanor offenses if federal immigration authorities issue a detainer that is not executed within 48 hours.

Under the legislation, DNA samples could be taken from individuals charged with any misdemeanor or felony if Immigration and Customs Enforcement (ICE) has requested detention but does not assume custody. If enacted, Georgia would join Florida and Oklahoma in adopting policies that specifically apply DNA collection rules to immigrants believed to be in the country illegally.

Supporters, including state Sen. Tim Bearden, argue the measure would help law enforcement solve crimes more effectively. DNA databases have expanded significantly over the past two decades, with the FBI’s National DNA Index System now containing more than 26 million profiles, including millions collected through federal immigration enforcement efforts.

Critics, however, say the proposal raises privacy and constitutional concerns. Legal experts note that DNA collection has traditionally been limited to individuals convicted of crimes or arrested for serious offenses, not minor infractions. Some warn the policy could lead to DNA sampling for relatively minor violations, including certain traffic offenses classified as misdemeanors under Georgia law.

Advocates also argue the legislation could create unequal treatment based on perceived immigration status, as individuals subject to detainers are not always undocumented or ultimately deported.

The proposal comes as federal and state authorities increasingly expand the use of biometric data in immigration enforcement, raising broader questions about privacy, due process, and the scope of law enforcement powers.

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