📢 TAKE ACTION: Tell Legislators to VOTE NO on SB 116!
Georgia lawmakers are attacking immigrant communities by expanding unnecessary surveillance of immigrants through DNA collection despite significant privacy concerns. This bill will mandate that increased time, money, and resources be spent on expanding the GBI DNA database and criminalizing immigrants.
What SB 116 Does:
🚨Expands the state’s surveillance apparatus. Current law only requires collection of DNA samples from individuals subject to an immigration detainer notice if they are convicted of a felony. This bill would lower that requirement to individuals subject to an immigration detainer who are charged with a misdemeanor or felony– significantly expanding the state’s DNA database.
🚨DNA profiles are not deleted in cases of government error. While current law does allow for DNA information to be expunged in a narrow set of circumstances, this bill does not mandate expungement for wrongful detainers. This means that DNA profiles could be stored with the GBI even if the detainer was mistaken or the individual is later released from ICE detention.
🚨Expands state targeting of immigrant communities. Current law already requires DNA collection from anyone convicted and sentenced for a felony offense, regardless of whether they are subject to an immigration detainer. This bill singles out immigrants charged with misdemeanors and felonies for additional DNA collection based on the issuance of an immigration detainer, which can be erroneous.
🚨 Contributes to further criminalization of Black and immigrant communities. Aggressive immigration enforcement is often used as a vehicle to expand state repression. Due to racial profiling and discriminatory policing practices, this bill will result in an increase in DNA profiles connected to Black and immigrant communities.
🚨 Diverts funding from our communities. An individual charged with a misdemeanor traffic violation could be subject to an immigration detainer request and have their DNA collected under this bill. This will only exacerbate the existing DNA analysis backlog. Rather than spending money on supporting our communities, this bill will require increased funding for collecting and analyzing additional DNA profiles.
🚨Raises significant privacy concerns. DNA profiles contain inherently sensitive information, from health information and ancestry to predictive data indicating predispositions to
certain illnesses or behaviors. This information, once collected, will be accessible to any local, state, or federal law enforcement agency pursuant to any official criminal investigation.
What is an immigration detainer request?
- Immigration detainers, also known as “ICE detainers,” are voluntary requests from ICE to local law enforcement agencies to notify ICE when an individual is due to be released and detain the individual for up to an additional 48 hours to facilitate transfer to ICE custody. Georgia law mandates that law enforcement officers and jailers comply with immigration detainers. An immigration detainer is not proof that an individual has violated any federal immigration law. ICE databases often contain errors leading to erroneous detainer requests being issued for U.S. citizens, lawful permanent residents, and visa-holders.
