In response to a recent DOJ Office of the Inspector General (OIG) report, the Department of Justice has ordered the Drug Enforcement Administration (DEA) to halt its practice of conducting passenger searches at airports and other transportation facilities. The report, released on November 21, 2024, raised significant concerns about the DEA’s handling of consensual encounters with travelers, leading to the suspension of such practices until further investigation is completed.
The OIG’s findings revealed that the DEA had not been following its own policies regarding consensual encounters, which are voluntary engagements with passengers. The failure to document these encounters, combined with the suspension of mandatory training for DEA and Task Force Group personnel since 2023, created operational and legal risks. This lack of compliance with internal procedures has led to concerns about potential misconduct during searches.
Yesterday, the DOJ suspended the DEA's controversial practice of having agents intercept airport travelers, interrogate them and insist on searching their bags.
These encounters are *supposed* to be consensual but flyers often get the impression that they have no choice but to… pic.twitter.com/UTY7UVuL9U
— Institute for Justice (@IJ) November 22, 2024
One particularly concerning incident involved the DEA Task Force Group selecting a traveler for a consensual encounter based on information provided by a DEA confidential source employed by a commercial airline. The source had been compensated with a percentage of forfeited cash from previous seizures, raising potential conflicts of interest. In this case, the traveler declined to consent to the search, but their bag was still detained, and a drug detection dog was used. Despite the search, no contraband was found.
DOJ suspends DEA searches at airports over civil rights concerns https://t.co/3GFxKhVkrm pic.twitter.com/Gt2OlnjBF3
— New York Post (@nypost) November 23, 2024
The OIG also highlighted issues with transparency, noting that none of the DEA officers involved were wearing body cameras, even though such devices are crucial for ensuring accountability. Additionally, the report referred to ongoing concerns about racial profiling in these encounters, with the DEA’s cessation of data collection on consensual encounters in 2003.
Following the release of the OIG report, Deputy Attorney General Lisa Monaco ordered the suspension of consensual encounters at transportation facilities unless they are directly linked to an ongoing investigation or receive prior approval from a DEA administrator. This decision aims to ensure that the DEA adheres to legal standards and that passenger rights are respected during law enforcement operations.
Drug Enforcement Administration agents will not be allowed to conduct random searches of travelers at airports and other transportation facilities after an investigation by a Justice Dept. watchdog raised concerns about the conduct of agency personnel. https://t.co/iIX6mpPqTz
— The Washington Post (@washingtonpost) November 21, 2024
The suspension of these practices represents a significant step toward reforming the DEA’s approach to passenger searches and ensuring that the agency operates in a manner that is both legally compliant and respectful of individuals’ rights.
