New Consequences for Protesting
The fury of ICE agents and associated officials toward demonstrators across the country has been well-documented. New policies put in place by the Department of Homeland Security have resulted in some unexpected consequences for some peaceful protesters who were fighting for their communities. That’s right, something disturbing is happening to protestors across multiple states in response to their decision to protest: federal officials are collecting their DNA. Customs and Border patrol are routinely arresting people and getting their DNA–regardless of the charges against those protesters. According to a Supreme Court ruling, it’s completely legal, but only when related to violent criminal arrests across the country–including after being arrested for a violent felony here in Maryland.
Alarm Bells
Concerns are rising in response to DNA collection in this context. For starters, many, if not most, of the protestors who’ve had their DNA collected have not been involved in violent criminal activity-let alone charged with a felony. Additionally, because DNA is such a distinctive identifier containing personal information about an individual and their biological family, trepidations about its collection, storage, and potential sharing are very real–especially since transparency has been lacking with regards to the new policy. What are the potential consequences of these actions? We just don’t know for sure.
Case in Point
One man never could have imagined that he would be shoved to ground, circled by federal agents, and finally arrested and handcuffed to a hospital bed while being treated for his injuries. This came due to his participation in a protest demonstration near a detention center in Chicago last September. A retired Air Force veteran, the man had been an activist for years, strongly believing that Homeland Security’s actions in today’s world are a problem. After being released from the hospital, he was transferred to a nearby federal facility. There, he was read his rights, photographed, and fingerprinted. Then came the thing that astonished him the most: his DNA was collected with a cheek swab. He was told that refusing to comply would lead to further charges.
Eventually all charges against the man were dropped. Since that time, the man has sued due to the warrantless intrusion into his body. He thinks that the government’s new DNA policies are a way to intimidate people to keep them away from public protests, and serve as an unmitigated warning to anyone who is considering speaking out against the government . Arrestees –along with easily identifiable relatives–could hypothetically be subjected to government monitoring in the future.
What’s it All About?
Peaceful protest is protected by the Constitution, and the government’s response has been chilling, to say the least. After all, it’s reasonable to assume that when people know their DNA may be collected and added to a federal surveillance database after participating in a demonstration, many will think twice before joining such a movement.
Protecting Your Rights
The experienced and qualified La Plata & Waldorf criminal defense attorneys at The Law Office of Hammad S. Matin, P.A. are committed to protecting your rights. To discuss your concerns following an arrest, schedule a confidential consultation today.
Source:
ncsl.org/civil-and-criminal-justice/dna-collection-after-arrest-laws
