Georgia Proposal Could Expand DNA Collection for Immigrants Facing Minor Charges

The legislation would allow authorities to collect DNA samples from immigrants in custody for misdemeanors if federal immigration officials request a detainer.

Mar. 31, 2026 at 9:18am

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Georgia lawmakers are considering a proposal that would allow authorities to collect DNA samples from immigrants in custody for misdemeanor charges if federal immigration officials have issued a detainer request. The measure is part of a broader push by the Trump administration to expand the use of DNA and biometrics in immigration enforcement.

Why it matters

The proposed law raises concerns about civil liberties and the creation of a 'two-tiered system' where immigrants could have their DNA collected for minor offenses, even if they are not ultimately deported. Legal experts question whether such DNA collection meets the constitutional threshold of probable cause.

The details

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. This could include immigrants not ultimately deported. Similar laws have been passed in Florida and Oklahoma, making Georgia the third state to single out immigrants for DNA collection.

  • The Georgia legislation is awaiting a final vote.
  • In 2020, a new Department of Justice rule expanded DNA collection from detained immigrants during Trump's first term.
  • A 2024 Georgia law already mandates local law enforcement cooperation with federal authorities to identify and detain immigrants in the U.S. illegally.

The players

Tim Bearden

A Republican state senator in Georgia who is sponsoring the DNA collection bill, describing it as a means of solving crimes.

Stevie Glaberson

The director of research and advocacy at the Center on Privacy and Technology at Georgetown University law school, who says the proposal is an example of 'government actors at all levels vacuuming up DNA in all available contexts.'

Mazie Lynn Guertin

The executive director and policy advocate with the Georgia Association of Criminal Defense Lawyers, who says the correlation between a minor violation and a crime solvable by DNA is 'pretty attenuated in most cases.'

Kyle Gomez-Leineweber

The director of policy for Common Cause Georgia, who says the legislation 'creates a two-tiered system where some of the DNA would be collected based off of the perception of an individual's immigration status.'

Jorge Loweree

The managing director of the American Immigration Council, who questions whether civil immigration detainers meet the probable cause threshold to make DNA collection acceptable under the Fourth Amendment.

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What they’re saying

“'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.'”

— Tim Bearden, Georgia state senator

“'We don't think that swabbing a person who's committed a traffic violation is a boon for public safety. The correlation between a broken tail light and a crime that's solvable with DNA is pretty attenuated in most cases.'”

— Mazie Lynn Guertin, Executive director and policy advocate, Georgia Association of Criminal Defense Lawyers

“'What this really does is it creates a two-tiered system where some of the DNA would be collected based off of the perception of an individual's immigration status.'”

— Kyle Gomez-Leineweber, Director of policy, Common Cause Georgia

“'There doesn't appear to be any kind of meaningful justification for states to step in to require the collection of DNA — of genetic material — from noncitizens in their custody who have merely been accused of a crime, even a low-level crime. It seems like this is just an effort to increase the surveillance of noncitizens.'”

— Jorge Loweree, Managing director, American Immigration Council

What’s next

The Georgia legislation is awaiting a final vote in the state legislature.

The takeaway

The proposed Georgia law is part of a broader push by the Trump administration to expand the use of DNA and biometrics in immigration enforcement, raising concerns about civil liberties and the creation of a 'two-tiered system' where immigrants could have their DNA collected for minor offenses, even if they are not ultimately deported.