US Customs and Border Protection retaliated for years against three whistleblowers who called out its failure to collect DNA from millions of detainees, allowing some violent criminals to evade jus…
Fred Wynn, Mark Taylor and Mike Jones faced professional and financial consequences for spotlighting their agency’s refusal to comply with federal law enforcement rules for DNA collection on criminal arrestees since 2009, according to the US Office of Special Counsel .
The Trump Justice Department moved months later to broaden the DNA collection rules, which had been narrowly interpreted by officials under former President Barack Obama. CBP had the burden of proof that it would have taken the actions against the same employees had they not made the disclosures, the attorney said at the time.
The spokeswoman did not respond to follow-up requests about the OSC letter calling for “corrective action.” Federal laws do not require a Prohibited Personnel Practice Report before an agency responds to retaliation, a source familiar with the investigation said. “There could be situations in which DNA sample collection is not operationally feasible because of sudden mass influxes of aliens without immigration status,” then-Attorney General Eric Holder said.“While OSC is not involved in the MSPB case, we are unable to comment so as to avoid the appearance of prejudice to either party while the litigation is pending,” the spokesman told The Post.
“There could be situations in which DNA sample collection is not operationally feasible because of sudden mass influxes of aliens without immigration status,” Holder added. “In such cases, it may be that most of the aliens will be held as immigration detainees and will not be criminally charged. Given your intent not to collect DNA samples from immigration detainees who are not criminally charged, this concern does not appear to be an issue.
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