Internal documents obtained by CBS News’ Catherine Herridge reveal allegations of retaliation by Customs and Border Protection (CBP) against whistleblowers who exposed a significant agency failure, breaking open another scandal for the Biden-Harris administration. The controversy revolves around the agency’s alleged refusal to implement a crucial public safety law requiring DNA collection from detainees accused of immigration violations—a lapse that whistleblowers argue has jeopardized American safety.
The leaked government memo outlines allegations that CBP retaliated against employees who exposed “the agency’s intentional, decade-long failure to enforce the DNA Fingerprint Act of 2005.” This law requires the collection of DNA samples from non-U.S. persons detained on immigration charges to enhance public safety and support criminal investigations.
Whistleblowers Mark Jones, Fred Wynn, and Michael Taylor, who collectively bring 69 years of law enforcement experience, have each held top-secret clearances, including Sensitive Compartmented Information (SCI), which safeguards highly sensitive sources and methods. Their respective tenures span 20, 18, and 31 years.
In an exclusive interview with Herridge, the three whistleblowers asserted that CBP’s failures have directly contributed to preventable American deaths. They argued that if the law had been properly enforced, many violent offenders might have been apprehended earlier, potentially preventing crimes. They highlighted the tragic case of a 37-year-old Maryland woman who was killed by a suspect they believe could have been stopped if his DNA had been collected during previous detentions.
“Are you alleging that Homeland Security’s failure to comply with the DNA collection law may have been a contributing factor in Rachel Morin’s death?” Herridge asked. “It may have been a contributing factor. Yes,” said Fred Wynn. “No question in your mind?” asked Herridge. “None…had the subject had DNA taken the first time they were encountered, there would’ve been an instant possibility that any future criminal activity would’ve been stopped immediately, and there was definite potential for the individual to be apprehended,” Wynn responded.
“Our investigation reveals a disturbing picture of systematic non-compliance and apparent disregard for mandated legal protocols designed to protect the public,” Herridge reported. The documents clearly indicate that nearly 70% of border encounters since 2010 have failed to carry out the necessary DNA collections, potentially enabling approximately 950,000 violent offenders to go unidentified.
The internal memo also described a hostile work environment for those who have attempted to raise these issues, including threats of bankruptcy, coerced resignation, or worse, retaliatory tactics.“The agency’s goal is to bankrupt you, make you quit, die, kill yourselves, or basically preferably all of the above,” explained the whistleblowers. Since the Biden/Harris administration took office in 2021, Homeland Security data indicates that there have been over 10 million border encounters.
“We know for a fact that not every individual who crosses the border illegally into the United States goes on to commit violent acts. But given the number, even a very small percentage results in a definite increase in crime within the United States,” said Wynn. Taylor added: “Ultimately, the Secretary of the Department of Homeland Security is responsible. We know that he’s been notified of the non-compliance. They’ve done so with impunity.”
Since 2023, the whistleblowers who spoke out against the misconduct have faced severe retaliation, putting their careers in jeopardy. After revealing the wrongdoing, they have suffered demotions, loss of their law enforcement credentials and firearms, and endured hostile work environments. This treatment seems designed to silence them, damage their reputations, and derail their careers, despite there being whistleblower protection laws on the books.
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