The Ripple Effect, Part Three: Illicit Fentanyl – Border Crossings and Countermeasures
Are people growing fatigued from hearing about fentanyl? Even this spring’s campaign season reflects the stronghold illicit fentanyl has on many cities throughout the U.S., as candidates for mayor, city council, state representative, and sheriff include fentanyl talking points in their stump speeches and mailings. One would be hard-pressed to go through a week’s news cycle and not hear about illicit fentanyl – how it’s continuing to play a key role in overdose deaths, how cities are struggling to find solutions that effectively address the crisis and reduce casualties, how families are grieving, their lives upended, and how communities are frustrated. In the previous installments of our documentary blog series, we examined the origins of illicit fentanyl, learning that most fentanyl and fentanyl analogs make their way to the United States from China – either directly or via Mexico. We also looked at the dangers fentanyl poses for individuals, which has led to alarming increases in fentanyl-related overdose deaths from polysubstance use and poisonings from fentanyl-laced counterfeit pills. In this next installment, we’ll explore how fentanyl is crossing our borders and what the U.S. government is doing to respond to this public health emergency.
Fentanyl’s Appeal to Traffickers
The United States, despite stringent border control measures, remains a lucrative market for synthetic opioid fentanyl due to high demand and substantial profit margins. Traffickers employ various strategies to smuggle the drug into the country, often exploiting vulnerabilities at points of entry and utilizing established smuggling networks. As discussed in an earlier blog, Mexico has emerged as a significant production hub in recent years. Mexican drug cartels, particularly the Sinaloa and Jalisco New Generation Cartels are involved in the majority of trafficking networks. As reported by CBS, according to the Justice Department, The Sinaloa Cartel has made millions of dollars from the fentanyl trade. The sons of infamous drug lord Joaquin “El Chapo” Guzman run the cartel and are currently under indictment in the U.S. for fentanyl trafficking, among other charges. Because fentanyl is very cheap to produce, it leads to sizable revenue, creating a highly fruitful business for the cartels.
Products Entering the U.S.
Many products are entering the United States that contribute to the crisis: pure fentanyl, fentanyl analogs, and precursor chemicals used to make synthetic opioids such as fentanyl, along with the equipment used to make counterfeit fentanyl-laced pills such as pill presses, dies, and molds. The Naval Criminal Investigative Service indicates that illicit fentanyl typically arrives in one of three forms: liquid, powdered, and pill. Liquid fentanyl is added to nasal sprays and eye drops, or dropped onto paper, similar to LSD. Powdered fentanyl is often mixed with heroin, cocaine, and methamphetamine or pressed into pills meant to mimic common prescription opioids like Percocet and oxycodone. The synthetic drugs come in primarily through Mexico, but also from Asian drug trafficking networks operating in Canada and through direct mail.
To subvert authorities and avoid disruption of operations – and ultimately a hit to protect profits – the cartels and other transnational criminal organizations (TCOs) find ways to avoid detection by manufacturing fentanyl derivatives with modified chemical structures. One such substance is a fentanyl-related compound called carfentanil, which is 10,000 times more potent than morphine. Carfentanil has been around since the 1970s as a tranquilizer for large animals such as elephants but has emerged on the illicit drug scene.
The Finances of Fentanyl
The rise of e-commerce platforms – to buy and sell goods online – has further facilitated the sale and distribution of illicit fentanyl, allowing traffickers to operate anonymously and reach a wider customer base. Dark web marketplaces, in particular, have emerged as key platforms for the sale of illicit opioids, including fentanyl, enabling buyers and sellers to conduct transactions discreetly and evade law enforcement scrutiny; however, the clear web, social media platforms, eCommerce sites, and express consignment shipping services play a significant role as well. While the image of Jesse Pinkman from Breaking Bad trading drugs for a duffel bag full of money may still be relevant, we also now have cartels that function as billion-dollar mega companies using cryptocurrency and conducting business through the dark web, which uses specialized browsers and encryption to prevent identity and location tracking. These methods have allowed cartels to diversify how they run their business and move money.
How are the products crossing our borders?
Drug traffickers have been able to exploit and leverage the massive increase in overall global shipping in recent years. According to U.S. Customs and Border Protection (CPB), 27,023 pounds of fentanyl were seized in 2023, nearly doubling the amount seized in 2022. Traffickers utilize a variety of tactics and means to smuggle products across our borders, taking advantage of the country’s vast borders and infrastructure such as highways, railways, ports, and airspace along with the postal service, express consignment systems, and the Internet.
Land Border Crossings: The U.S.-Mexico border is a primary entry point. Fentanyl is often concealed in vehicles, hidden within cargo, or carried by individuals crossing the border. The use of sophisticated methods such as compartmentalized vehicles and drones complicates detection efforts.
International Mail and Shipping: Fentanyl is also sent through international mail services. Small, potent quantities can be easily concealed in envelopes or packages, making detection challenging. The U.S. Postal Service and private couriers have intercepted numerous packages containing fentanyl, often disguised as legitimate products.
Sea Ports: Commercial shipping containers arriving at U.S. seaports can also contain hidden fentanyl shipments. The sheer volume of containers makes comprehensive screening difficult, allowing traffickers to exploit weaknesses in maritime security.
Air Travel: Fentanyl is sometimes transported by air, either by couriers carrying small amounts on their person or in checked luggage, or by larger shipments concealed within air cargo.
The Government’s Response
The White House’s 2022 National Interdictions Command and Control Plan explains the federal government’s position on the impact of the illicit drug trade: “The consequences in terms of corruption, criminality, drug dependency, drug-related overdoses and deaths, and the billions of dollars lost due to crime, decreased work productivity, and increased health care costs, present a clear national security threat to the United States.” Consequently, the U.S. government has implemented a coordinated, interagency approach to address the fentanyl crisis, involving federal, state, Tribal, and local agencies, but it’s a massive undertaking. According to CBS News, an unsealed U.S. indictment in June 2023 revealed that one Chinese chemical company allegedly shipped more than 440 pounds of fentanyl – enough to kill 25 million Americans – to undercover DEA agents in exchange for payment in cryptocurrency. Clearly, the crisis requires a high level of coordination, investment in resources, and the ability to be nimble, adjusting as the TCOs and cartels alter their operations.
International Diplomacy, Collaboration, and Sanctions
The U.S. collaborates with foreign governments, particularly Mexico and China, to dismantle fentanyl production and trafficking networks. Bilateral agreements and joint operations aim to intercept precursor chemicals, dismantle clandestine labs, and disrupt revenue.
Under mounting international pressure, in May 2019, China's government banned the production and sale of fentanyl and many of its variants, putting a damper on the country’s illegal fentanyl trade. Despite efforts by Chinese authorities to regulate the export of these chemicals, manufacturers continue to exploit loopholes and find alternative routes to supply illicit markets. A Brookings Institute study found that, while the amount of fentanyl directly mailed to the U.S. dropped following the 2019 Chinese ban, Chinese companies continue to manufacture large quantities of fentanyl. As CNN reports, there is no shortage of companies poised to enter the market, even purchasing a sanctioned company’s existing contact information and social media accounts.
In response to the evident challenge China poses in managing the fentanyl crisis, in the early fall of 2023, President Biden announced a series of indictments and sanctions against eight Chinese companies and executives allegedly responsible for advertising, manufacturing, and distributing precursor chemicals used to make synthetic opioids like fentanyl. He also added China to the list of the world’s key illicit drug-producing and exporting countries. By July 2023, the U.S. had launched a Global Coalition to Address Synthetic Drug Threats, leading to over 65 individuals being sanctioned by blocking their assets and preventing foreign financial transactions in addition to over a dozen indictments of Chinese companies and employees.
Later, in November 2023, President Biden and Communist Party of China General Secretary Xi agreed to resume counternarcotics cooperation and to launch a counternarcotics working group aimed at coordinating law enforcement efforts to address the manufacturing and distribution of fentanyl, precursor chemicals, and the equipment used to manufacture counterfeit pills.
In addition to China, U.S. government entities like Customs and Border Protection and the DEA work to facilitate partnerships with Mexico, Canada, and other nations to continue diplomatic efforts to counter corruption and fight drug trafficking.
Interagency Partnerships and Coordination
Many agencies – local, state, Tribal, and federal – work together to address the illicit drug trade. These include CBP, the Department of Justice (DOJ), The Treasury Department, the DEA, the Department of Homeland Security, the Food and Drug Administration (FDA), and the IRS. These agencies coordinate to create specialized task forces to target fentanyl trafficking while working with local law enforcement. They also partner with private businesses, to collect and share information and provide resources. For example, in August 2019, the Financial Crimes Enforcement Network (FinCEN), an arm of the U.S. Treasury Department issued the Advisory to Financial Institutions on Illicit Financial Schemes and Methods Related to the Trafficking of Fentanyl and Other Synthetic Opioids, providing a list of red flag warnings for banks to look for concerning transactions such as money transfers, use of shell companies, and deposits connected to the dark web. CBP works with local law enforcement agencies, the DEA, and others in national counter-fentanyl operations, such as Operation Apollo in Southern California, underway since 2023 (video above).
Investments in Resources
Customs and Border Protection (CBP) is on the front lines, working to adjust to the changing illicit drug landscape, such as implementing enhanced screening and detection through the use of advanced technology – like X-ray and gamma-ray imaging systems – to screen vehicles and cargo at borders and ports of entry, low-energy portals to scan passenger vehicles, and multi-energy portals to scan commercial vehicles. Canine units trained to detect narcotics also play a critical role in identifying fentanyl. They first started training their canines on fentanyl in 2017, taking extra precautions because of fentanyl’s dangerous nature. Passive response is used, which means that instead of scratching and biting at a package to indicate a drug, they sit instead, preventing harmful exposure. CPB is also putting protective measures and training in place for its front-line workers, training them on safe handling techniques and how to respond if exposed to fentanyl.
At the same time, as reported by CNN, the DEA is investing in crypto-tracing software to identify the cartels' money launderers, the IRS has agents its most tracing payments on the dark web, and a Department of Homeland Security is using a team of digital forensic specialists to lead an investigation of stash houses near the Mexican border.
Legislation, Policy, and Litigation
In addition to the international and interagency work that’s happening, the U.S. also has policies and laws in place to counter the manufacture and distribution of illicit drugs, such as The Comprehensive Methamphetamine Control Act of 1996, which requires an official Special Surveillance List (SSL) identify chemicals, products, materials, and equipment that can be used to manufacture controlled substances. The purpose of the SSL is to aid legitimate businesses that sell supplies like chemicals and equipment used in laboratories to identify potentially dangerous substances and equipment that could be used for illegal purposes, like manufacturing synthetic opioids. According to the DEA, In 2023, several chemicals were added that are used to manufacture fentanyl and fentanyl analogs.
Recently, several bills have moved through or are pending in Congress that address strengthening international sanctions, crack down on money laundering, and seek to make the production and distribution of precursor chemicals more difficult. Just recently, in January 2034, eBay agreed to pay $59 Million to settle the fourth largest Controlled Substances Act case in history after allegations that the company sold equipment, such as pill presses and encapsulating machines that can mass produce illegal drugs, to individuals later convicted of drug-related crimes.
Conclusion
Addressing the root causes of synthetic fentanyl production and trafficking requires a comprehensive and coordinated approach to address the supply chains that bring illicit fentanyl into the country. The effort involves international cooperation, interagency partnerships, enhanced detection and enforcement efforts, and initiatives to reduce demand for illicit opioids. Despite efforts to curb its production and distribution, synthetic fentanyl continues to proliferate, fueling a devastating opioid crisis that exacts a heavy toll on individuals, families, and communities. Ongoing collaboration, innovation, and adaptation are essential to effectively combat the crisis and create safer, healthier communities. To learn more, stay tuned for the next installment of our documentary blog series, The Ripple Effect, where we will look at how illicit fentanyl moves from our borders into our communities.
References
Congressional Research Service. (2024, Feb. 20). China primer: Illicit fentanyl and China’s role. https://crsreports.congress.gov/product/pdf/IF/IF10890.
DEA Intelligence Program. (2020, January). Fentanyl flow to the United States. https://www.dea.gov/sites/default/files/2020-03/DEA_GOV_DIR-008-20 Fentanyl Flow in the United States_0.pdf
DHS doubles down CBP efforts to continue to combat fentanyl and synthetic drugs. U.S. Customs and Border Protection. (2023, October 23). https://www.cbp.gov/newsroom/national-media-release/dhs-doubles-down-cbp-efforts-continue-combat-fentanyl-and-synthetic
Felba-Brown, V. (2022, March). China and synthetic drugs control: Fentanyl, methamphetamines, and precursors. https://www.brookings.edu/wp-content/uploads/2022/03/FP_20221107_drug_trafficking_felbab_brown.pdf
Financial Crimes Enforcement Network (FinCEN). (2019, August 21). Advisory to financial institutions on illicit financial schemes and methods related to the trafficking of fentanyl and other synthetic opioids. https://www.state.gov/wp-content/uploads/2020/02/Fentanyl-Advisory-Money-Tab-D-508.pdf
Halpert, M. (2024, January 31). EBay to pay $59m settlement over sales of pill-making tools. BBC News. https://www.bbc.com/news/world-us-canada-68063742
John, T., Xiong, Y., Culver, D., Rappard, A.-M., & Joseph, E. (2023, March 30). How the ingredients for illicit fentanyl cross oceans and borders. CNN. https://www.cnn.com/2023/03/30/americas/fentanyl-us-china-mexico-precursor-intl/index.html
Justice Department announces eight indictments against China-based chemical manufacturing companies and employees. U.S. Department of Justice: Office of Public Affairs. (2023, October 4). https://www.justice.gov/opa/pr/justice-department-announces-eight-indictments-against-china-based-chemical-manufacturing#:~:text=The%20four%2Dcount%20indictment%20charges,unlawfully%20import%20it%20into%20the
Lyngaas, S. (2023, August 5). Feds trawl crypto markets to hook fentanyl kingpins. CBS News. https://www.cbsnews.com/sanfrancisco/news/feds-trawl-crypto-markets-hook-fentanyl-kingpins/
U.S. Customs and Border Protection. (2023, October). CBP strategy to combat fentanyl and other synthetic drugs: Frontline against fentanyl. https://www.cbp.gov/sites/default/files/assets/documents/2023-Oct/cbp-fentanyl-strategy-fact-sheet.pdf
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