DNA Collecting Run Amok
The Bush Administration knows no bounds when it comes to violating our civil liberties. Here's the latest:
The Justice Department is completing rules to allow the collection of DNA from most people arrested or detained by federal authorities, a vast expansion of DNA gathering that will include hundreds of thousands of illegal immigrants, by far the largest group affected.
The new forensic DNA sampling was authorized by Congress in a little-noticed amendment to a January 2006 renewal of the Violence Against Women Act, which provides protections and assistance for victims of sexual crimes. The amendment permits DNA collecting from anyone under criminal arrest by federal authorities, and also from illegal immigrants detained by federal agents.
Arrestees who have not been convicted of a crime should not be required to have their DNA sampled and collected. It's just the latest step down the slippery slope of over-intrusion into our privacy without just cause.
As Innocence Project co-director Peter Neufeld points out:
“Whereas fingerprints merely identify the person who left them,” Mr. Neufeld said, “DNA profiles have the potential to reveal our physical diseases and mental disorders. It becomes intrusive when the government begins to mine our most intimate matters.”
It's not acceptable for the undocumented either.
Immigration lawyers noted that most immigration violations, including those committed when people enter the country illegally, are civil, not criminal, offenses. They warned that the new law would make it difficult for immigrants to remove their DNA profiles from the federal database, even if they were never found to have committed any serious violation or crime.
DNA collection is far more intrusive than fingerprint collection. I hope this causes an outcry. I'm glad to see at least one women's group object:
“We were stunned by the extraordinary, broad sweep of this amendment,” said Lisalyn Jacobs, vice president for government relations at Legal Momentum, a law group founded by the National Organization for Women. “The pervasive problems of profiling in the United States will only be exacerbated by such a system,” Ms. Jacobs said, because Latino and other immigrants will be greatly over-represented in the database. She noted that the law required a court order to remove a profile from the system.
This will also create a backlog, which means delay in collecting the DNA of convicted offenders.
Currently about 150,000 DNA samples from convicted criminals are waiting to be processed and loaded into the national database, Mr. Fram said.
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