Report on the Reorganization of U.S. Law Enforcement Against Transnational Crime

Introduction

The Trump administration has initiated a significant reorganization of the United States’ efforts to combat drug trafficking and transnational criminal organizations. This strategy notably enhances the authority of the Department of Homeland Security (DHS) and increases the White House’s influence over law enforcement operations.

Strategic Changes and Leadership

Internal documents and government officials reveal that the new plan reduces the control of federal prosecutors over investigations. Instead, key decisions will be transferred to task forces co-led by the FBI and Homeland Security Investigations (HSI), the investigative branch of DHS. This initiative is primarily driven by Stephen Miller, President Trump’s homeland security adviser, who is closely overseeing its implementation.

Implications for Law Enforcement Norms

• The reorganization may weaken traditional norms that separate the White House from active criminal investigations.
• Experts warn that the absence of neutral prosecutors in decision-making could lead to political influence over investigations.

Elevated Role of Homeland Security Investigations

The reorganization elevates the stature of HSI and Immigration and Customs Enforcement (ICE) among law enforcement agencies, emphasizing immigration-related crimes. The Drug Enforcement Administration (DEA), historically the lead agency for narcotics enforcement, will be subordinated to HSI and the FBI within the new task force framework.

Policy Foundation and Objectives

The directive to establish these Homeland Security Task Forces was part of an Inauguration Day executive order titled Protecting the American People Against Invasion, focusing on immigration control.

1. Eliminate criminal cartels, foreign gangs, and transnational criminal organizations in the U.S.
2. Combat human smuggling and trafficking, with particular attention to offenses involving children.

Secrecy and Exclusion in Planning

The administration has conducted the reorganization process with considerable secrecy, excluding some Justice Department officials and DEA leadership from planning meetings.

Transition from OCDETF to Homeland Security Task Forces

The new task forces will replace the Organized Crime Drug Enforcement Task Forces (OCDETF), a $550 million Justice Department program established in the Reagan era to coordinate multi-agency investigations into organized crime and drug trafficking.

• OCDETF’s incentive system required agencies to collaborate on investigations to receive funding.
• OCDETF managed a unique federal intelligence database facilitating interagency information sharing.
• The program’s mandate was expanded to cover all organized crime types under recent administrations.

Concerns Regarding the New Structure

• The new task forces may abandon OCDETF’s collaborative funding model, distributing resources directly to agencies without requiring cooperation.
• There is uncertainty about maintaining safeguards for intelligence sharing and case file confidentiality.
• The “supremacy clause” within the task forces grants leaders authority to prioritize cases and eliminate overlapping investigations, potentially limiting investigative independence.
• Experts warn that this could allow emerging criminal organizations to evade scrutiny.

Impact on Prosecutorial Roles

While federal prosecutors will still generally decide on charging criminal groups, their influence over investigative priorities will diminish. Task forces will be overseen by executive committees likely including political appointees, guiding strategic targeting decisions.

Focus on Immigration Enforcement

The administration’s emphasis on immigration-related crimes has raised concerns among veteran law enforcement officials. They fear that prioritizing the apprehension of undocumented immigrants with criminal records may detract from addressing more significant organized crime threats, such as the fentanyl epidemic.

Recent Task Force Operations

• The Virginia Homeland Security Task Force reported over 1,000 arrests of “criminal illegal aliens” within two months, though details linking suspects to transnational crime remain sparse.
• The Gulf of America Homeland Security Task Force arrested 60 individuals, mostly undocumented immigrants, at a cockfighting event, alleging ties to broader criminal networks without providing detailed evidence.

Legislative and Agency Responses

In June, five Democratic senators questioned the decision to dismantle OCDETF, emphasizing its central role in combating transnational organized crime and narcotics availability. The Justice Department confirmed that the new task forces would absorb OCDETF’s mission and resources but did not clarify the prosecutorial role in the new system.

Challenges and Outlook

• There is skepticism about the effectiveness of the new task forces without prosecutorial leadership driving investigations.
• DEA officials report exclusion from task force meetings and pressure to share investigative files without established safeguards.
• Concerns persist that the reorganization may fracture existing law enforcement cooperation and hinder the fight against organized crime.

Emphasis on Sustainable Development Goals (SDGs)

SDG 16: Peace, Justice, and Strong Institutions

This reorganization aims to strengthen institutions combating organized crime and human trafficking, directly contributing to SDG 16 by promoting peaceful and inclusive societies and ensuring access to justice.

SDG 3: Good Health and Well-being

By targeting drug trafficking organizations, especially those involved in the fentanyl epidemic, the strategy supports SDG 3 by addressing substance abuse and related health crises.

SDG 10: Reduced Inequalities

Efforts to dismantle human smuggling and trafficking networks, particularly those exploiting vulnerable populations including children, align with SDG 10 by reducing inequalities and protecting marginalized groups.

SDG 17: Partnerships for the Goals

The transition from OCDETF to Homeland Security Task Forces highlights the importance of interagency and intergovernmental partnerships. Maintaining effective collaboration is essential to achieving the SDGs related to justice and security.

Recommendations for SDG Alignment

1. Ensure transparency and accountability in task force operations to uphold strong institutions (SDG 16).
2. Maintain collaborative frameworks and safeguards for intelligence sharing to enhance partnerships (SDG 17).
3. Balance immigration enforcement with broader organized crime investigations to protect health and well-being (SDG 3) and reduce inequalities (SDG 10).

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on law enforcement, criminal justice reform, and combating organized crime and transnational criminal groups, which are core aspects of SDG 16.
   • It discusses efforts to improve coordination among law enforcement agencies and the role of government institutions in fighting crime.
2. SDG 3: Good Health and Well-being
   • Issues related to drug trafficking and the fentanyl epidemic are mentioned, which affect public health and well-being.
3. SDG 10: Reduced Inequalities
   • The article touches on immigration enforcement and the treatment of undocumented immigrants, which relates to social inclusion and reducing inequalities.
4. SDG 5: Gender Equality
   • There is a mention of human trafficking with a particular focus on offenses involving children, which often disproportionately affect women and girls.

2. Specific Targets Under Those SDGs Identified

1. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.4: By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets, and combat all forms of organized crime.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
2. SDG 3: Good Health and Well-being
   • Target 3.5: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.
3. SDG 10: Reduced Inequalities
   • Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through implementation of planned and well-managed migration policies.
4. SDG 5: Gender Equality
   • Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of exploitation.

3. Indicators Mentioned or Implied to Measure Progress

1. For SDG 16
   • Indicator 16.1.1: Number of victims of intentional homicide per 100,000 population, by sex and age.
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • Indicator 16.4.2: Proportion of seized, found or surrendered arms whose illicit origin or context has been traced or established by a competent authority in line with international instruments.
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services.
   • Implied indicators include the number of investigations and arrests related to transnational criminal organizations, drug trafficking, and human trafficking.
2. For SDG 3
   • Indicator 3.5.1: Coverage of treatment interventions (pharmacological, psychosocial and rehabilitation and aftercare services) for substance use disorders.
   • Implied indicators include rates of drug-related offenses and drug overdose deaths, particularly related to fentanyl.
3. For SDG 10
   • Indicator 10.7.2: Number of countries that have implemented well-managed migration policies.
   • Implied indicators include the number of arrests and deportations of undocumented immigrants and the extent of cooperation among agencies on immigration enforcement.
4. For SDG 5
   • Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months.
   • Indicator 5.2.2: Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months.
   • Implied indicators include the number of human trafficking cases investigated and prosecuted, especially those involving children.

4. Table of SDGs, Targets, and Indicators

Source: propublica.org