Grassley Calls for Investigation into CBP Retaliation Against Whistleblowers
Senator Chuck Grassley (R-Iowa) is urging an inquiry into a U.S. Customs and Border Protection (CBP) official accused of retaliating against a whistleblower who highlighted a significant lapse concerning criminal immigrant fingerprinting.
In a letter addressed to CBP Commissioner Rodney Scott, Grassley expressed concern about personnel who received promotions despite being aware of the whistleblower actions taken by Fred Wynn, Mike Taylor, and Mark Jones.
“We need to make sure that retaliation doesn’t recur within CBP or any other agency in the Department of Homeland Security. Those who retaliated against Mr. Wynn, Taylor, and Jones need to be held responsible,” Grassley stated.
Grassley noted his uncertainty regarding whether all individuals involved in retaliation faced repercussions, saying, “I know some have indeed received promotions.”
Republicans in Iowa recently selected Ronald Ocker, a deputy committee member from CBP’s intelligence reporting division, along with Juan Fernandez, the executive director, who were part of an early initiative aimed at enforcing a DNA fingerprinting law from 2005.
Wynn, Taylor, and Jones operated in the agency’s mass destruction division from 2016 to 2018 and discovered that federal law enforcement failed to enforce crucial regulations.
The absence of DNA collection from criminal arrests has persisted since 2009. According to a prior investigation by the U.S. Office of Special Counsel (OSC), individuals accused of serious crimes, such as murder or sexual assault, could evade detection even after multiple detentions by CBP or Immigration and Customs Enforcement (ICE).
These exceptions for DNA sample collection were authorized during the tenure of former Attorney General Eric Holder in the Obama administration. A source familiar with security issues previously suggested that the number of Americans who lost their lives as a result could surpass those who died in the 9/11 attacks.
During a confirmation hearing in April, Commissioner Scott assured Grassley that he would “investigate” and ensure accountability for anyone who violated the agency’s policies.
Grassley indicated that when they brought the issue to light, whistleblowers faced serious professional and financial fallout, particularly concerning Ocker and Fernandez’s pilot program.
Jones, who previously led the pilot fingerprint initiative, was reassigned to head a new division with similar enforcement responsibilities. Taylor, on the other hand, lost both his retirement benefits and pension contributions, with both he and Jones having their firearms and badges revoked.
In its investigation, the OSC concluded that the CBP had indeed retaliated against the three agents for their disclosures. Grassley emphasized that actions taken against Jones contradicted earlier assurances from Fernandez.
In May, after Grassley highlighted the prolonged struggles faced by the whistleblowers, they were granted new supervisory positions along with back pay and reinstated retirement benefits.
Scott expressed gratitude to Grassley for his continuous support of whistleblowers, underscoring their vital role in promoting government transparency. While acknowledging his belief in their integrity, he affirmed that no allegations have ever questioned it.
Grassley also provided updates on the situation to DHS inspectors and it appears that investigations are ongoing.
Requests for comments from CBP representatives went unanswered.
