[CitizensTruth] ARTICLE-US to expand DNA collection
Walterb306 at cs.com
Walterb306 at cs.com
Mon Dec 22 12:42:13 EST 2008
All,
FYI,
Beverley
RAMSTACK: U.S. set to expand DNA collections
http://www.washingtontimes.com/news/2008/dec/22/us-set-to-expand-dna-collectio
ns/
Tom Ramstack (Contact)
Monday, December 22, 2008
Tom Ramstack
The government is expanding collection of DNA samples beginning Jan. 9 to
include anyone arrested on federal charges and many immigrants detained by the
Homeland Security Department.
Previously, DNA was collected only from people convicted of crimes.
Civil rights advocates are up in arms. They say DNA sampling before
conviction is another example of big government trampling the privacy of individuals.
The new policy would add more than 1.2 million DNA samples to an FBI database
that already has digitally logged the genetic material of 6.2 million
convicts.
The samples can be taken from blood or saliva swabs.
The federal policy follows the lead of 13 states that have expanded their DNA
collection to arrestees, largely from crime concerns raised by illegal
immigration and terrorism. All 50 states allow DNA sampling on convicts.
Most of the new samples would be taken from illegal immigrants detained by
the Homeland Security Department. Its records show that Border Patrol and other
agencies detained about 1.2 million immigrants in 2006. About 140,000
Americans are arrested for felonies each year that could subject them to DNA sampling
after Jan 9.
Immigrants awaiting lawful entry into the United States or detained at sea by
the Coast Guard would not be subjected to the DNA sampling.
Law enforcement agencies use DNA by comparing samples to crime-scene evidence
to find a match that leads them to suspects.
The Justice Department instituted the policy with the approval of Congress in
a December 2005 reauthorization of the Violence Against Women Act.
"We know from past experience that collecting DNA at arrest or deportation
will prevent rapes and murders that would otherwise be committed," Sen. Jon Kyl,
Arizona Republican, who sponsored the legislation, said when the Justice
Department published its final regulations for the expanded samplings earlier this
year.
He mentioned as an example Arizona's "Chandler rapist," an illegal immigrant
arrested in January after a suspected half-dozen sexual assaults on teenage
girls and young mothers. He had been deported in 2003, but police took no DNA
sample from him, which Mr. Kyl said could have led to an arrest early in the
crime spree.
The American Civil Liberties Union says the new policy punishes people who
might never be convicted of crimes. Many arrestees later are found not guilty or
have their cases dismissed. Immigrants are not necessarily criminals.
The FBI could retain the genetic material permanently in the National DNA
Index System. The ACLU says the government could analyze it for ancestry and
medical diagnoses, both of which are supposed to be protected under the Fourth
Amendment as privacy issues.
"Already, the government has allowed its DNA database to be used in ways that
go far beyond what was originally envisioned," said Michael T. Risher, ACLU
staff lawyer.
Law enforcement agencies sometimes use their database matches to track down
family members whose DNA is similar to crime-scene genetic material in the hope
they will then name the suspect, the ACLU says.
The Justice Department denies privacy rights would be trampled by wider
collection of DNA.
"DNA samples and profiles in the system are subject to stringent privacy
protections, reinforced and secured through numerous safeguards to ensure that
information in the system is used only for proper law enforcement identification
purposes," said Evan Peterson, Justice Department spokesman.
o Above the Law runs on Mondays. Call Tom Ramstack at 202/636-3180 or e-mail
tramstack at washingtontimes.com
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