Sen. Bearden defends bill to collect DNA from people with ICE detainers; colleagues press due-process questions

Sen. Bearden told the Senate Rules Committee that Senate Bill 116 would require detention centers to obtain a DNA sample from an individual arrested for a misdemeanor or felony who is the subject of an ICE detainer if federal authorities do not pick the person up within 48 hours.

The measure, Bearden said, is intended to help solve past and future crimes when immigration detainers result in no immediate federal pickup. “If ICE does not pick them up in that 48 hours, then we're just gonna make sure that we take the DNA,” Bearden said, describing the process as taking place in the detention center once the local processing is complete.

Committee members pressed the sponsor on constitutional and operational questions. A committee member asked, “why does this bill require us to collect DNA from one and not the other?” raising an equal-protection concern about treating people subject to ICE detainers differently from U.S. citizens charged with the same offense. Representative Evans asked how the bill would ensure the state does not test people who are actually citizens: “So basically, how are we gonna ensure that we are not testing people that are actually citizens?”

Bearden said he believed courts had upheld comparable collection policies and described DNA collection as minimally invasive, adding he would supply the case citation to the committee. He also said the state relies on ICE to place the detainer and that the proposal depends on that federal action rather than a judicial finding of citizenship or deportability.

Leader Hugenley asked about retention and expungement: “how long will we maintain the DNA samples? ... And what happens if someone's DNA is taken and it should not have been?” Bearden replied that retention and expungement depend on the circumstances, noting an expungement process exists for certain individuals found guilty, but committee members highlighted concerns about indefinite maintenance of DNA samples when no conviction occurs.

Bearden estimated collection costs would be modest; during questioning he said the swab itself was roughly $2 per sample and that supplies would be furnished by the state. The committee’s exchange highlighted three recurring points of friction: (1) whether the bill creates a different legal treatment for people with ICE detainers than for citizens arrested on the same charges, (2) whether relying on ICE detainers is an appropriate trigger for state action absent judicial review, and (3) how long data would be retained and how expungement would be handled for people not convicted.

No final vote on SB116 was recorded in the committee transcript excerpt; after discussion the meeting moved on to other bills on the agenda.

Next steps: The committee did not vote on SB116 during this session; the bill was presented and questioned and may return later in the committee process.