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. Over the last
year, the Justice Department has been conducting an internal review and
consulting with other agencies to prepare regulations to carry out the
law. The goal, justice officials said, is to make the practice of
DNA sampling as routine as fingerprinting for anyone detained by
federal agents, including illegal immigrants. Until now, federal
authorities have taken DNA samples only from convicted felons. The
law has strong support from crime victims' organizations and some
women's groups, who say it will help law enforcement identify sexual
predators and also detect dangerous criminals among illegal immigrants. [...] While the proposed rules have not been finished, justice officials said they were certain to bring a huge new workload for the F.B.I.
laboratory that logs, analyzes and stores federal DNA samples. Federal
Bureau of Investigation officials said they anticipated an increase
ranging from 250,000 to as many as 1 million samples a year.
The laboratory currently receives about 96,000 samples a year, said
Robert Fram, chief of the agency's Scientific Analysis Section.
[...] "What this does is move the DNA collection to the arrest stage,"
said Erik Ablin, a Justice Department spokesman. "The general
approach," he said, "is to bring the collection of DNA samples into
alignment with current federal fingerprint collection practices." He
said the department was "moving forward aggressively" to issue proposed
regulations. The 2006 amendment was sponsored by two border state Republicans,
Senator Jon Kyl of Arizona and Senator John Cornyn of Texas. In an
interview, Mr. Kyl said the measure was broadly drawn to encompass
illegal immigrants as well as Americans arrested for federal crimes. He
said that 13 percent of illegal immigrants detained in Arizona last
year had criminal records.
[...] The F.B.I. also loads DNA profiles from local and state police into the
federal database and runs searches. Only seven states now collect DNA
from suspects when they are arrested; of those, only two states are
authorized by their laws to send those samples to the federal database. [...] Many groups warned that the measure would compound already severe
backlogs in the F.B.I.'s DNA processing. Mr. Fram of the F.B.I. said
there had been an enormous increase in the samples coming to the
databank since it started to operate in 1998, but no new resources for
the bureau's laboratory. 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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