The Biden-Harris administration is grappling with serious allegations regarding the Department of Homeland Security’s shortcomings in DNA collection at the U.S.-Mexico border.
At a Glance
- Senators Grassley and Johnson spotlight DHS’s failure to collect DNA at the border, risking public safety.
- Whistleblowers allege retaliation for exposing DHS’s noncompliance with DNA collection mandates.
- The noncompliance potentially enabled illegal immigrants linked to crimes to avoid detection.
- Only 30-40% of DNA samples were collected from 3.2 million migrants in fiscal year 2023.
Concerns of DNA Collection Failures
Concerns have arisen over the Biden-Harris administration’s compliance with the DNA Fingerprint Act of 2005. Senators Chuck Grassley and Ron Johnson have hosted several roundtables drawing attention to the Department of Homeland Security’s (DHS) failure to adequately collect DNA samples from illegal immigrants. It is claimed that this oversight could allow individuals potentially involved in crimes to evade detection.
This failure contradicts a directive issued in 2020 by the Trump administration to escalate DNA collection efforts. Significant gaps were found between encounters at the U.S.-Mexico border and actual DNA collections. Whistleblowers who revealed these issues have reportedly faced severe retaliatory actions, such as reduced pay and demotions.
More good investigative journalism by Catherine Herridge.
Unfortunately, federal agencies violate whistleblower protection laws with impunity.
They need to held accountable. https://t.co/AHpQieV2Nq
— Senator Ron Johnson (@SenRonJohnson) August 12, 2024
The Impact on Public Safety
DHS’s failure to collect DNA from irregular migrants has grave implications. According to whistleblowers and lawmakers, this lapse could compromise public safety by allowing those linked to crimes to evade justice. In 2023 alone, only 30-40% of DNA was collected from 3.2 million individuals, severely restricting law enforcement’s capacity to address criminal activities.
“CBP has failed to fulfill its responsibilities under the law and in so doing has compromised public safety. The failure to collect DNA clearly inhibits law enforcement’s ability to solve cold cases and to bring violent criminals to justice. The agency’s noncompliance with the law has allowed subjects subsequently accused of violent crimes, including homicide and sexual assault, to elude detection even when detained multiple times by Customs and Border Protection or Immigration and Customs Enforcement. This is an unacceptable dereliction of the agency’s law enforcement mandate.”
A poignant example is the case of Victor Antonio Martinez-Hernandez, whose undetected multiple border crossings allegedly culminated in violent crimes, including the murder of Rachel Morin. Her mother publicly criticized the administration’s “reckless disregard for border security,” which she describes as leading directly to her daughter’s death.
Biden’s ex-Secret Service director wanted to toss cocaine found at White House after DNA partial hit: report https://t.co/BxSJ1RhhPv pic.twitter.com/gItp733DfZ
— New York Post (@nypost) August 5, 2024
Administrative and Legal Challenges
In addition to operational challenges, whistleblowers report experiencing pronounced retaliation after revealing these failures. The Office of Special Counsel confirmed Customs and Border Protection’s (CBP) failure to meet legal responsibilities, yet the investigation concluded without significant sanctions. Further complicating the issue, the Weapons of Mass Destruction Division—integral to these whistleblower revelations—has been shut down since these issues were first raised.
“The agency’s noncompliance with the law has allowed subjects subsequently accused of violent crimes, including homicide and sexual assault, to elude detection even when detained multiple times by CBP or Immigration and Customs Enforcement (ICE),” Special Counsel Henry Kerner told then-President Donald Trump and Congress in letters on Aug. 21, 2019. “This is an unacceptable dereliction of the agency’s law enforcement mandate,” added Kerner, who said that the trio claimed CBP had detained but not taken DNA from more than 5 million people over the previous decade.
Senators, including Roger Marshall and Chuck Grassley, continue to press for the administration to address DNA collection comprehensively. Echoing these sentiments, they highlight the tangible risks when DHS neglects this statutory requirement. As calls for oversight and reform surge, it remains crucial to restore credibility and prioritize both national security and public safety.
Sources
1. CBP demoted whistleblowers who revealed ‘decade-long failure’ to collect criminal DNA: docs
