A law passed requiring local law enforcement agencies to collect biometric data from undocumented immigrants is now in effect.
Senate Bill 63 requires law enforcement agencies in Alabama to collect fingerprints and DNA from any undocumented immigrant in their custody before release. These biometric samples would then be submitted to the Alabama State Law Enforcement Agency for cataloging and to the Alabama Department of Forensic Sciences for entry into state databases.
This information would be collected regardless of whether the undocumented immigrant is charged or convicted of a crime.
While many people believe that undocumented immigrants are criminals by nature of entering the country unlawfully, it is typically a civil—not criminal—offense.
“Theres definitely a misconception that crossing into the country is a criminal act,” said Allison Hamilton, executive director for the Alabama Coalition for Immigrant Justice. “There’s also a concerted effort by politicians to make it a criminal act by criminalizing the everyday lives of people, treating people like criminals even when they’re not. This law is concerning with how it could apply to any vulnerable population; it’s a big overstep when they haven’t even committed a crime.”
Hamilton said this bill is one part of a larger antagonistic climate against immigrants that has some Alabama families deciding to leave the state.
“Families who have lived here for decades are thinking about leaving this state,” Hamilton said. “People are concerned about how to continue living here and working here. They’re considering how badly are they willing to be treated before they leave?”
The new law will be funded on the backs of all Alabama citizens paying court fees through the addition of new court costs.
There’s no reason for Alabama taxpayers to shoulder this burden, Hamilton said, when ICE already collects biometric information on undocumented immigrants.
The ACLU of Alabama opposed the law, claiming it “could lead to unconstitutional racial profiling.”
“The collection and retention of DNA and fingerprints from individuals solely based on their immigration status creates a dangerous surveillance system that disproportionately affects immigrant communities,” the ACLU said. “It expands government tracking of personal information without adequate legal justification, violating fundamental civil liberties.”
