(NCFL Congress 24): A Bill to Combat the Drug Crisis to Lower Drug Smuggling in America

Pros

Investment of Resources

Provides significant resources to fight fentanyl trafficking: The $40 billion in funding represents a major investment in combating the fentanyl crisis and reducing the flow of the drug across the southern border.More funding is important to combat the fentanyl crisis and reduce the flow of the drug across the southern border for several key reasons:

Additional resources would allow Customs and Border Protection (CBP) and other agencies to expand their efforts to detect and seize illicit fentanyl shipments at ports of entry and along the border. More personnel, advanced screening technology, and improved data analytics are needed to keep pace with the evolving tactics of drug trafficking organizations.

Funds could be used to enhance operations targeting not just finished fentanyl, but also the precursor chemicals and equipment like pill presses used to manufacture the drug. Disrupting earlier stages of the supply chain is critical to reducing overall fentanyl flows.

Increased funding for agencies like the Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI) would bolster their ability to identify, disrupt and dismantle the criminal networks responsible for fentanyl trafficking. This includes resources for undercover operations, intelligence gathering and analysis, and collaboration with international partners.

Many states and communities on the front lines of the opioid epidemic need additional funding to support regional interdiction task forces, improve information sharing, and strengthen public health approaches to the crisis. Federal grants can play an important role in building local capacity.

Criminal organizations are constantly adapting their production and trafficking methods, such as developing new chemical analogues and smuggling techniques. Sustained funding increases are necessary to keep enforcement efforts responsive to these evolving challenges.

While interdiction alone will not solve the fentanyl crisis, it remains a key pillar of a comprehensive strategy. At a time when fentanyl is driving record levels of overdose deaths, additional investments in enforcement aimed at restricting supply are critical to saving lives and complementing demand reduction efforts. Providing CBP, DEA, and other agencies with expanded resources is essential to making progress against the flow of fentanyl.

Supporting Personnel for Interdiction
Supports border security personnel: The bill allows funds to be used for agent recruitment and retention, which could help strengthen the CBP and DEA workforces to better detect and interdict fentanyl shipments. CBP and DEA have faced challenges maintaining adequate staffing levels due to factors like attrition and competition from other law enforcement agencies. In 2024, CBP reported it was short over 1,000 officers and 1,900 Border Patrol agents compared to target staffing levels. Additional funding for recruitment and retention could help fill critical vacancies to ensure sufficient personnel are available.
There are a number of reasons increasing the number of personnel will be helpful.
Enhancing detection capabilities at ports of entry. With more CBP officers on staff, the agency could increase its presence at land border crossings, seaports, and mail facilities to more thoroughly screen vehicles, cargo, and packages for illicit fentanyl shipments. CBP seized enough fentanyl in 2023 to kill every American 16 times over, but an unknown amount evaded detection, so expanded screening is crucial.

Expanding investigative capacity. Increased DEA staffing would enable the agency to dedicate more resources to investigating fentanyl trafficking networks, conducting undercover operations, and pursuing financial crimes. This is critical to identifying and dismantling the criminal organizations, like the Sinaloa and Jalisco cartels, that are the primary suppliers of fentanyl to the U.S.

Supporting key enforcement initiatives. Additional personnel could bolster CBP and DEA involvement in interagency task forces and intelligence centers that play an essential role in coordinating fentanyl interdiction across jurisdictions. More agents would also enable expanded use of key detection assets like canine teams and non-intrusive inspection technology that can detect fentanyl without resorting to manual searches.

Keeping pace with the evolving threat

As drug trafficking organizations constantly adapt their production and smuggling methods, from developing new fentanyl analogues to changing trafficking routes, sustained investments in staffing are necessary to keep enforcement efforts responsive to these dynamic challenges.

Enhances surveillance and detection capabilities: By providing funding for surveillance along the border and drug-detection technologies, the bill could improve authorities’ ability to identify and seize fentanyl before it enters the U.S.Surveillance is crucial for effective drug detection and interdiction efforts for several key reasons:

  1. Identifying trafficking routes and methods: Surveillance allows law enforcement to gather intelligence on the routes, techniques, and concealment methods used by drug trafficking organizations to smuggle illicit substances. This includes monitoring known drug transit zones, analyzing suspicious travel patterns, and detecting anomalies in cargo shipments. Insights gained through surveillance can inform interdiction strategies and resource allocation.
  2. Detecting emerging drug threats: The illicit drug supply is constantly evolving, with new psychoactive substances, chemical analogues, and drug combinations regularly appearing on the market. Surveillance systems that monitor drug seizures, overdose data, and user reports can provide early warning of emerging drug threats. This allows law enforcement and public health officials to adapt their detection methods and issue alerts to mitigate potential harms.
  3. Targeting high-risk shipments: Advanced surveillance technologies like data analytics and machine learning can help identify high-risk individuals, shipments, and transactions for enhanced screening. Risk-based targeting enables more efficient use of limited inspection resources at ports of entry and mail facilities. Predictive algorithms analyze data patterns to forecast potential drug smuggling attempts for further investigation.
  4. Gathering evidence for investigations: Surveillance footage, communications intercepts, and financial records obtained through lawful monitoring can provide critical evidence for drug trafficking investigations and prosecutions. This intelligence helps law enforcement map out criminal networks, identify key players, and trace illicit proceeds. Surveillance-derived evidence strengthens cases and supports the dismantling of drug trafficking organizations.
  5. Evaluating interdiction effectiveness: Systematic surveillance of drug markets, prices, purity levels, and supply disruptions allows law enforcement to assess the impact of interdiction efforts over time. Monitoring changes in these metrics helps determine whether detection and enforcement actions are effectively reducing drug availability and informing decisions on resource deployment and strategy adjustments.

Solves the Fentanyl Problem

The opioid epidemic, particularly the surge in fentanyl-related overdoses, has become a major public health crisis in the United States. Fentanyl, a synthetic opioid 50 to 100 times more potent than morphine, is now the primary driver of drug overdose deaths, with synthetic opioids involved in nearly 70% of all overdose deaths in the 12-month period ending April 2023. The majority of illicit fentanyl enters the U.S. through the southern border, smuggled by Mexican drug trafficking organizations. 

In fiscal year 2023, U.S. Customs and Border Protection seized over 27,000 pounds of fentanyl, with 98.9% of that total being seized at the southern border.Fentanyl’s potency means that even small amounts can prove deadly, and its increasing presence in the illicit drug supply, often mixed with heroin, cocaine, or pressed into counterfeit pills, has exacerbated the opioid crisis. Many individuals are unknowingly exposed to fentanyl when using these substances, leading to a higher risk of overdose.

Addressing the fentanyl crisis requires a comprehensive, multi-faceted approach that targets both supply and demand reduction. While expanding access to addiction treatment is crucial for long-term success, stemming the flow of fentanyl across the southern border is an essential component of the overall strategy. Supply reduction efforts, such as increased interdiction, investigation, and collaboration with international partners, can help decrease fentanyl availability and prevent the development of opioid use disorders.

Moreover, curbing the influx of fentanyl can alleviate the strain on communities grappling with the opioid epidemic, allowing resources to be redirected toward expanding access to treatment and recovery support services. Collaboration among community leaders, government agencies, healthcare providers, and law enforcement is vital to implementing evidence-based and culturally-informed strategies that effectively address the crisis.

In conclusion, stemming the flow of fentanyl across the southern border is a critical element of a comprehensive response to the opioid epidemic. By disrupting smuggling routes, reducing the adulteration of other illicit drugs, and alleviating the burden on affected communities, supply reduction efforts can work in tandem with demand reduction strategies to combat this deadly crisis and save lives.

Interdiction at tbe Border is Important to Stop the Flow of Fentanyl

The vast majority of illicit fentanyl appears to be manufactured abroad and smuggled into the U.S., rather than being produced domestically. Most illicit fentanyl is mass-produced in Mexico using precursor chemicals sourced from China, and then smuggled across the U.S.-Mexico border by Mexican drug trafficking organizations like the Sinaloa Cartel and Jalisco New Generation Cartel (CJNG). These cartels press the fentanyl into counterfeit pills or mix it with other drugs. China remains the primary source of fentanyl precursor chemicals as well as some finished fentanyl powder that is trafficked to the U.S., often via mail. However, most fentanyl is now smuggled overland from Mexico rather than shipped directly from China. The search results do not mention any significant fentanyl production occurring within the U.S. itself. Domestic dealers and trafficking organizations appear to primarily distribute fentanyl that is imported from Mexico, rather than manufacturing the drug themselves. In theory, more fentanyl could potentially be produced illicitly within the U.S. if traffickers obtained the necessary precursor chemicals and pill press equipment. However, procuring large quantities of precursors would likely attract law enforcement attention. Lack of mentions in the search results suggests that U.S. fentanyl production, if it occurs at all, is very small-scale compared to the massive quantities manufactured by Mexican cartels using Chinese precursors. The DEA and other agencies seem focused on stemming the flow of fentanyl into the U.S. from abroad. 

Cons

Drug Interdiction Fails

Smugglers adapt to interdiction efforts. As interdiction programs seize more drugs, smugglers find new routes and methods to avoid detection. The government’s interdiction efforts struggle to keep up with these evolving smuggling tactics.

Lucrative drug profits make losses from seizures inconsequential. The massive profits from the drug trade allow smugglers to easily absorb losses from drug seizures. Continued high demand makes drug smuggling very profitable despite interdiction.

It’s difficult to measure the effectiveness of interdiction programs. Fluctuations in drug seizures don’t necessarily indicate success or failure, as reduced seizures could mean smugglers are deterred or just using new methods. This makes it hard to properly allocate resources among different programs.

Interdiction doesn’t address drug demand. As long as there is high demand for illicit drugs, smugglers will find ways to meet that demand. Interdiction efforts don’t reduce the number of drug users or the quantities they consume.

Violence

There are several key ways that drug interdiction efforts can paradoxically increase violence in the war on drugs.

Smugglers adapt to interdiction efforts. As interdiction programs seize more drugs, smugglers find new routes and methods to avoid detection. The government’s interdiction efforts struggle to keep up with these evolving smuggling tactics.

Lucrative drug profits make losses from seizures inconsequential. The massive profits from the drug trade allow smugglers to easily absorb losses from drug seizures. Continued high demand makes drug smuggling very profitable despite interdiction.

It’s difficult to measure the effectiveness of interdiction programs. Fluctuations in drug seizures don’t necessarily indicate success or failure, as reduced seizures could mean smugglers are deterred or just using new methods. This makes it hard to properly allocate resources among different programs.

Interdiction doesn’t address drug demand. As long as there is high demand for illicit drugs, smugglers will find ways to meet that demand. Interdiction efforts don’t reduce the number of drug users or the quantities they consume.

Rights Deprivation

There are several key ways that expanding surveillance in the war on drugs can lead to the deprivation of rights:

Infringing on privacy rights. Surveillance methods used in the drug war, such as wiretapping, aerial drones, GPS tracking, use of informants, and data collection on people who use drugs raise serious concerns about violations of the Fourth Amendment protection against unreasonable searches and seizures. As these practices expand, they erode the privacy rights of individuals, allowing the government to intrude into personal lives without adequate justification.

Enabling discriminatory targeting of marginalized communities. The war on drugs has disproportionately targeted racial minorities and low-income communities.

Expanding surveillance gives law enforcement more tools to continue this discriminatory focus. Maintaining registries of drug users and monitoring social media can deepen the criminalization and stigmatization of already over-policed groups, depriving them of equal protection under the law.

Undermining due process. Surveillance practices like parallel construction (where intelligence agencies pass surveillance data to law enforcement to build criminal cases while concealing the origin of the evidence) undermine due process rights of defendants who cannot properly challenge the evidence against them. The secretive nature of drug war surveillance makes it prone to such abuses.

Restricting freedom of expression. Increased social media surveillance and the removal of harm reduction content online in the name of drug control infringes on free speech rights and deprives people of potentially life-saving health information.