Internal documents obtained by CBS News’ Catherine Herridge reveal allegations of retaliation by Customs and Border Protection (CBP) against whistleblowers who exposed a serious agency failure, marking a new scandal for the Biden-Harris administration.
The controversy centers on CBP’s alleged refusal to enforce a key public safety law that mandates DNA collection from detainees accused of immigration violations. Whistleblowers argue that this failure has compromised American safety.
The leaked government memo details claims 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 DNA samples from non-U.S. persons detained on immigration charges to improve public safety and aid 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 led to preventable American deaths. They argued that proper enforcement of the law could have resulted in the earlier apprehension of many violent offenders, potentially preventing crimes.
They pointed to the tragic case of a 37-year-old Maryland woman killed by a suspect who, 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.
It is evident from the documents that nearly 70% of border encounters since 2010 have neglected to conduct the required DNA collections, potentially allowing approximately 950,000 violent offenders to remain unidentified.