Things That Matter

Immigration Advocates Are Sounding The Alarm Over Trump’s Decision To Collect DNA Samples From Asylum Seekers

In 2005, the DNA Fingerprint Act updated a former law‚ the DNA Identification Act of 1994, which denied authorities to obtain DNA from “arrestees who have not been charged in an indictment or information with a crime, and DNA samples that are voluntarily submitted solely for elimination purposes, from being included in the National DNA Index System.” In other words, the DNA Fingerprint Act was revised to protect the privacy rights of immigrantsIn 2010, the DNA Fingerprint Act was again revised because of then-Secretary of Homeland Security Janet Napolitano, who said government agencies didn’t have the resources back then to gather DNA from “migrants in custody who weren’t facing criminal charges or those pending deportation proceedings,” so another clause was put in place for them. Now, in another move in the attack on migrants, the Trump Administration wants to change that. 

The Trump Administration is continuing forward with its push to collect DNA samples from every migrant person that enters the U.S.

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According to the New York Times, “a homeland security official said in a call with reporters on Wednesday that the exemption [put in place in 2010] was outdated, and that it was time to eliminate it.” That statement means the government now has resources to sort through and gather DNA, which it didn’t have in 2010. But that assumption is a stark contradiction since border agents, and immigration officials are severely understaffed

Immigration advocates are calling foul on this tactic by the Trump Administration who continues to criminalize migrants who are seeking asylum. Once their DNA is in the system, they will forever be recorded as felons.

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“That kind of mass collection alters the purpose of DNA collection from one of criminal investigation basically to population surveillance, which is basically contrary to our basic notions of a free, trusting, autonomous society,” Vera Eidelman, a staff lawyer with the American Civil Liberties Union’s (ACLU) Speech, Privacy, and Technology Project, told The New York Times

The government began collecting DNA from migrants starting this summer.

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At some point, this summer border agents began collecting DNA from migrants in order to verify whether or not they were related to the people they were traveling with. Agents were trying to prove whether family units entering the country together were actually related or traveling under false information. The DNA they gathered at the point was just to show family DNA. 

“This was really an investigative tool in attacking the fraudulent family phenomenon,” an ICE official said to CNN about the operation that began this summer. “We’re interested in using this as a tactical law enforcement tool, one of many, to be deployed when looking at a potential fraudulent family scenario.”

This new type of DNA that the administration is aiming to get would provide more extensive information and also would not be shared with other law enforcement agencies.

Credit: @YouGovUS / Twitter

The problem here lies with privacy concerns. For example, if an immigration official gathers DNA information from a migrant who entered the country illegally only to be given asylum later — because the court process takes a very long time — that person, who has the option of becoming a U.S. citizen at some point now has a criminal stain on their record for the rest of their life. 

Writer Kelly Hayes wrote an extensive Twitter thread that exposes the extensive damage and intrusion this form of DNA gathering will have for years to come. 

Credit: @kejames / Twitter

“A DNA registry for migrants,” Hayes tweeted. “Imagine the ugly possibilities of having a marginalized group of people that large cataloged according to their DNA, and that catalog being in the hands of the state. I know folks are focused on Ukraine, but this is a whole thing. We’re talking about hundreds of thousands of people, including children. With evolving technologies, the potential surveillance applications of a massive DNA registry are ominous AF.”

It’s unclear when this DNA collection will officially begin, even though the New York Times reports that Homeland Security officials have already said they have the right to get DNA from migrants. However, the Supreme Court has already ruled undocumented people have rights just as U.S. citizens do. 

“Though the Supreme Court has found that the constitutional right to privacy applies to everyone within the United States, regardless of their immigration status, a more restrictive interpretation of the Fourth Amendment has been applied within a 100-mile zone of the border, where suspicionless searches are allowed, even of American citizens,” the Times reports. And yet we already know some attorneys are trying to fight that the Fourth Amendment doesn’t apply to undocumented people

READ: A City Claims A Family Can’t Sue Over A Wrongful Death Because Undocumented People Don’t Have Rights Under Constitution

Prince Harry And Meghan Officially Say Goodbye To Royal Life And Clapback at Donald Trump’s Attacks

Entertainment

Prince Harry And Meghan Officially Say Goodbye To Royal Life And Clapback at Donald Trump’s Attacks

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Come and gone so soon.

When Meghan Markle became part of the British Royal family in 2018, we good apples were excited to see how the former “Suits” actress would shake-up the stuffy monarchy. Sadly, after an onslaught of racial and other colorless attacks on Markle, the family made the decision to take a step back from the limelight announcing that they would become “financially independent” in early 2020.

Today marks the first day of Prince Harry as one of us normals and the return of Meghan Markle.

Earlier this year in January, Harry and Meghan announced that they would be taking a step back from royal life and become “financially independent,” sharing their desire to “carve out a progressive new role within this institution” in an Instagram post.

In response to rumors that Meghan and Harry might be moving to the states, Donald Trump took the time to peek up from the coronavirus pandemic to comment.

“I am a great friend and admirer of the Queen & the United Kingdom. It was reported that Harry and Meghan, who left the Kingdom, would reside permanently in Canada. Now they have left Canada for the U.S. however, the U.S. will not pay for their security protection. They must pay!” Trump tweeted.

Ahead of their official ‘goodbye’, the two released a statement made on Monday seemingly in response to this statement.

“The Duke and Duchess of Sussex would prefer that in the immediate weeks and months, the focus remains on the global response to Covid-19,” a Sussex spokesperson said according to CNN. “However, we recognize there are outstanding questions relating to their future beyond their Household transition deadline.”


The statement came just days after United States president, Donald Trump tweeted that the United States would not pay to protect Prince Harry and his wife Meghan when they move to the states. So that’s that.

Congressional Hispanic Caucus Calls For ICE To Release Some Migrants To Help Fight COVID-19

Things That Matter

Congressional Hispanic Caucus Calls For ICE To Release Some Migrants To Help Fight COVID-19

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COVID-19 cases continue to increase across the globe and governments are desperately trying to get a handle on the virus. More than a third of the world’s population are living under lockdown conditions in more than 20 countries on all continents. Thirty-two states are currently under lockdown orders as of April 1 and Florida’s lockdown will take effect the night of April 2. That translates to about three out of every four Americans living under some form of lockdown orders.

The Congressional Hispanic Caucus is demanding ICE release migrants in detention centers during the COVID-19 crisis.

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Now, the Congressional Hispanic Caucus is calling for Immigration and Customs Enforcement (ICE) to step up and release migrants in detention. There are thousands of migrants currently in detention centers in the U.S. and documented overcrowding of the facilities is cause for alarm during a health pandemic.

According to a report from ICE, four detainees and five agents have tested positive for COVID-19. Immigration advocates have been calling for ICE to release detainees to protect migrants from contracting COVID-19.

“ICE’s failure to reduce detention numbers and mitigate the spread of COVID-19 has a real possibility of creating a severe health crisis for detention centers and overwhelming local health care facilities,” Rep. Sylvia Garcia of Texas said in a statement.

As the novel coronavirus COVID-19 spreads across the globe, there is one population the American Civil Liberties Union Foundation of San Diego and Imperial Counties (ACLUF-SDIC) is trying to protect: migrants. The virus, which is highly contagious, has infected more than 127,000 people across 6 continents. More than 68,000 people have recovered from the virus. To date, more than 4,700 people have died from the disease and the ACLU wants to make sure detained migrants don’t die because of the virus.

The ACLUF-SDIC is calling on the U.S. federal government to create a plan to prevent COVID-19 from spreading in migrant detention centers.

Credit: @ACLU_NorCal / Twitter

The novel coronavirus COVID-19 is spreading across the globe triggering strong reactions from governments seeking to limit the spread. Italy has locked down the country to tell everyone in the country to quarantine.

So far, more than 1,300 people in the U.S have tested positive for COVID-19 and 38 have died. Most of the fatalities were in Washington state where 21 deaths happened in Seattle-area long-care facilities.

The ACLUF-SDIC is calling on Immigration and Customs Enforcement (ICE) to develop a detailed plan to prevent the spreading of COVID-19 in detention centers.

The ACLUF-SDIC wants a written plan to prove that immigration officials have the migrants’ health in mind.

“ICE detention facilities in San Diego and Imperial counties must act quickly to put in place a comprehensive emergency plan that protects people in their custody from COVID-19,” Monika Langarica, immigrants’ rights staff attorney for the ACLUF-SDIC, is quoted in a release. “The spread of the virus into a detention center would have devastating consequences for the people locked up inside.”

The ACLUF-SIDC is concerned about the inadequate medical care and overcrowding could lead to a serious outbreak of COVID-19 within the detained migrant population.

Other ACLU chapters are calling on ICE to work with migrants to prevent the spread of COVID-19.

The ACLU of Louisiana has asked ICE to offer expedited hearings for the elderly detained migrants to preserve their health.

“Given the CDC’s warnings about avoiding confined spaces and the threat COVID-19 poses to the frail and elderly, immediate steps must be taken to safeguard the health and well-being of incarcerated people across the state,” Alanah Odoms Hebert, ACLU of Louisiana executive director is quoted in a statement. “We know that confining people in close quarters increases the risk of infection, but right now thousands of Louisianans are incarcerated based on the mere accusation of a crime and an inability to pay bail. In the interests of public health, we’re calling for expedited parole hearings for the elderly in state prisons and for the immediate release of people who are being jailed pretrial based solely on their inability to pay bail. We look forward to working with state, federal, and local officials to ensure the health and well-being of all people under correctional control in our state.”

For more information about COVID-19 and how you can prevent it, click here.

READ: What To Know About The Coronavirus And How To Prevent It