The U.S. Department of Justice (DOJ) has directed the Drug Enforcement Administration (DEA) to halt its practice of conducting passenger searches at airports and other transportation hubs. This decision follows a report from the DOJ’s Office of the Inspector General (OIG) that raised significant concerns regarding the DEA’s handling of “consensual encounters” with travelers.

The OIG’s investigation revealed that DEA officers were failing to follow internal protocols regarding consensual encounters, which involve voluntarily engaging with passengers without force. According to the report, the lack of proper documentation and failure to conduct required training since 2023 have created serious operational and legal risks for the DEA. This failure to comply with policies increases the likelihood of improper conduct during these encounters.

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 of the most concerning findings involved a DEA Task Force Group selection of a traveler for a consensual encounter based on information provided by a DEA confidential source, who was an employee of a commercial airline. The source, who had received a percentage of forfeited cash from previous seizures, reportedly had influence over the encounters, raising questions about potential conflicts of interest. In this case, the traveler declined consent, but the bag was detained and a drug detection dog was used, although no contraband was found.

Another issue highlighted by the OIG report was the absence of body cameras on DEA Task Force officers, despite the absence of a department policy requiring them. The OIG also noted that racial profiling concerns, particularly in transportation settings, had been raised in the past, with the DEA having discontinued the collection of data on consensual encounters in 2003 despite ongoing concerns.

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

In response to these findings, Deputy Attorney General Lisa Monaco issued a directive on November 12, 2024, ordering the DEA to suspend all consensual encounters at mass transportation facilities unless they are directly linked to an ongoing investigation or have been specifically approved by a DEA administrator.

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 investigation and subsequent suspension of searches signal a broader push to ensure that law enforcement activities at transportation hubs comply with both legal standards and ethical practices, including respect for individual rights and avoiding any potential misuse of authority.