U.S. DOJ and DEA face scrutiny over fentanyl policy in New Mexico

The Justice Department under President Biden revised its 2019 fentanyl seizure guidelines, allowing investigators discretion rather than mandating seizure when probable cause exists. The change coincides with a whistleblower complaint by DEA Special Agent David Howell, who alleged that an operation let hundreds of thousands of fentanyl pills circulate in New Mexico to aid larger investigations.

New Mexico Governor Michelle Lujan Grisham and a delegation of state lawmakers have written to the DEA demanding documentation of all cases where the agency declined to seize fentanyl since Jan. 17, an explanation of the current internal guidelines permitting such discretion, and details on safeguards for the community. They also seek information on any reassignment of DEA personnel from the state. The federal Office of Inspector General and the New Mexico attorney general have opened investigations into the agency’s conduct.

The controversy centers on whether the policy shift and the alleged operation were intended to protect larger targets at the expense of public safety, prompting congressional and state‑level scrutiny of federal drug‑enforcement practices.