“DHS, Drug Interdiction and Common Sense”, forget Posse Comitatus, integrate & expand existing

The Homeland Security Act of 2002 (P.L.107-296) took many Federal agencies located in the Directorate of Border and Transportation Security (BTS) charged with, among many territorial areas of the country, securing our borders and managing ports of entry. Specifically, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Transportations and Security Administration (TSA) were moved from BTS to the Department of Homeland Security (DHS). {1} ICE is the primary investigative branch of DHS. It has among its many duties "...interdicting narcotics shipments."{2} In Fiscal Year 2007, ICE drug-focused investigations led to "seizures of 241,967 pounds of cocaine, 4,331 pounds of heroin, 2,731 pounds of methamphetamine and 1.3 million pounds of marijuana. Additionally, ICE drug investigations led to 8,920 arrests and 5,539 convictions of individuals associated with narcotic violations." {3}

Now, the United States has an even greater urgency in disrupting the drug cartels of Mexico as they move into some U.S. cities. In February, 2009, Homeland Security Secretary Janet Napolitano announced support for Mexican President Felipe Calderon's crackdown and fight against drug cartels. Her remarks followed President Obama's statement that "&Homeland Security is indistinguishable from National Security." Obama's officials further stated: DHS's job is "¬ just combating illegal immigration but on fighting criminal drug organizations..."{4} ICE has the responsibility in DHS for fighting these criminal cartels.

* * * * * * * * * * * *

Why should there even be MOUs between DHS and the Department of Justice when their respective law enforcement agencies have drug interdiction responsibilities which by their nature include a required, and normal follow-up operations routinely made be all legitimate law enforcement agencies? These MOUs are nothing more than turf wars, with competing Federal agencies competing for attention, money, and credibility. Turf wars are certainly unnecessary especially in the face of not only horrific actions of Mexican drug cartels along our Southern border, but also in our cities. These drug-related crime waves in Mexico include killings, torture, kidnapping and corruption which threaten to spill over into the United States. Kidnappings already have! The United States needs no political issue, especially a turf issue, to divert attention from the serious escalation of drug and arms smuggling across its borders. "Our agents and officers, working together with local law enforcement agencies, are preventing millions of dollars from crossing the border into Mexico," said Secretary Napolitano. "In stopping the funds that fuel the drug war, we will stifle cartel activity in the United States while helping our neighbors to the south by cracking down on illegal cash before it gets there."{13} Imagine what would happen if ICE had Title-21 authority. Improvements in drug interdictions, investigations, and arrests, would result.

DEA, ICE, CBP, Border Patrol, and State and local enforcement entities must be on the same page of music. All of them should be given Title-21 authority. It's time for Congress to act to fix this quickly. It's no more than common sense. Certainly Congress could use more of that!