Feds to Collect DNA from Anyone Arrested in the U.S.

An aggressive move to prevent violent crime is also raising concerns about the privacy of innocent people. The government plans to collect DNA samples from anyone arrested by a federal law enforcement agency.

The government also plans to collect DNA samples from foreigners who are detained, whether they have been charged or not. Justice Department spokesman Erik Ablin said the DNA would be collected through a cheek swab””current practices limit DNA collection only to convicted felons.

Civil liberties questions have been raised about the potential for misuse of such personal information, such as family ties and genetic conditions.

“The DNA collection would be subject to the same privacy laws applied to current DNA sampling,” said Ablin. That means none of it would be used for identifying genetic traits, diseases or disorders.

Congress gave the Justice Department the authority to expand DNA collection in two different laws passed in 2005 and 2006.

The federal government estimates it makes about 140,000 arrests each year through dozens of federal law enforcement agencies, ranging from the FBI to the Library of Congress Police.

Supporters of the expanded collection believe that DNA sampling could get violent criminals off the streets and prevent them from committing more crimes.

A recent study in Chicago found that 53 murders and rapes in 2005 could have been prevented if a DNA sample had been collected upon arrest.

"Many innocent lives could have been saved had the government began this kind of DNA sampling in the 1990s when the technology to do so first became available," Sen. Jon Kyl, R-Ariz., said. He sponsored the 2005 law that gave the Justice Department this authority.

Similar laws have been passed in thirteen states.

Jesselyn McCurdy, legislative counsel for the American Civil Liberties Union, said the new regulation would mean that the federal government could store DNA samples of people who are not guilty of any crime.

"Now innocent people’s DNA will be put into this huge CODIS database, and it will be very difficult for them to get it out if they are not charged or convicted of a crime," McCurdy said.

The Justice Department said if a person is arrested but not convicted, they can request that the sample be destroyed.

The Homeland Security Department (the federal agency charged with policing immigration) supports the new rule.

DHS spokesman Russ Knocke said DNA is a proven law-enforcement tool.

The rule would not allow for DNA samples to be collected from immigrants who are legally in the United States or those being processed for admission, unless the person was arrested.

The proposed rule is being published in the Federal Register””followed by a 30-day comment period.