Idaho faces spike in fentanyl deaths. Law enforcement urges action on trade loophole | Opinion

BOISE – The fentanyl crisis is ravaging communities across Idaho and the country at an alarming rate, with trafficking and overdose deaths reaching unprecedented levels.

Idaho is grappling with a deadly surge in fentanyl-related deaths, which increased more than 300% from 2020 to 2023, devastating families across the state and stretching law enforcement resources thin.

As sheriff of Canyon County and president of the National Sheriffs’ Association, I’ve seen firsthand the challenges our communities face. From the rise in fentanyl trafficking to increasing violence at our southern border, the threats to public safety are escalating. Representing over 3,081 Sheriffs nationwide, I know that now more than ever, we need decisive action to protect our citizens. As a sheriff and law enforcement officer with more than 20 years of experience, I’ve witnessed firsthand the devastating effects of fentanyl poisoning and fatalities. We have stretched our resources to combat this epidemic, but drug dealers and criminals continue to find ways to circumvent our efforts.

One of the most glaring vulnerabilities is a loophole in U.S. trade law that allows fentanyl to flow into Idaho and the nation with ease. Known as the “de minimis” rule, this outdated regulation is being exploited by cartels and traffickers, placing an unbearable strain on law enforcement. Congress and the executive branch have the power to close this loophole and save countless lives – yet, they have not acted.

Most Americans may be unfamiliar with the de minimis rule, but law enforcement officers like me know it all too well. Formally known as Section 321 of the Tariff Act of 1930, this rule was initially designed to ease the inspection burden on U.S. Customs for low-value items, such as souvenirs. Nearly a century later, e-commerce has surged, and the rule is being abused to smuggle dangerous substances like fentanyl into the country.

A recent Reuters investigation highlighted how fentanyl traffickers are exploiting this loophole to ship lethal drugs directly into American homes. China is the world’s primary producer of illicit fentanyl and the chemicals used to manufacture it, and these substances are being funneled into the U.S. through both our southern border and direct shipments via international mail – often taking advantage of the de minimis rule.

The statistics are staggering. Last year alone, more than 107,000 Americans died from illicit substances, with fentanyl being the leading cause of death for adults aged 18 to 45. In Idaho, fentanyl was responsible for more than 50% of all overdose deaths in 2023. Laboratory testing indicates that five out of 10 pills tested in 2024 contain a potentially deadly dose of fentanyl, according to the DEA.

The U.S. Customs and Border Protection (CBP) seized millions of pounds of fentanyl at ports of entry and through our southern border, but these seizures represent only a fraction of the drugs making it into the country.

From 2019 to 2023, fentanyl seizures by CBP skyrocketed by 860%, with the number doubling between 2022 and 2023 alone. Here in Idaho, the number of fentanyl pills seized by High Intensity Drug Trafficking Area-designated task forces in Ada, Bannock, Canyon and Kootenai counties nearly tripled between 2022 and 2023. Despite the best efforts of law enforcement, the sheer volume of fentanyl pouring in through the de minimis loophole has overwhelmed our ability to respond effectively.

Much of this fentanyl is smuggled from China via cartels and shipped directly into the U.S. using the de minimis rule– leaving law enforcement overwhelmed and communities at risk.

CBP estimated over 1 billion individual packages claiming de minimis exemptions were shipped into the U.S. in 2023, a massive increase from just 150 million in 2016. The unintended consequences of this loophole have placed a crushing burden on local law enforcement, who are on the front lines of the fight against fentanyl.

The time for Congress to act is now. Federal lawmakers, including those from Idaho, must urgently pass comprehensive legislation to close the de minimis loophole. This would immediately block a significant pipeline for fentanyl trafficking, easing the pressure on law enforcement and saving lives.

While the Biden administration has proposed certain de minimis reforms, which I hope to see expedited before their term ends, we need Congress to enact comprehensive reforms to stem the enormous flow of fentanyl into the United States. Congress must prioritize this issue and come together in the lame-duck session to pass legislation to close this dangerous gateway – no more delays or excuses. If no action is taken this year, we call on President-elect Donald Trump to use his executive authority in his first days in office to close this dangerous loophole altogether.

Every day that passes without action, more lives are at risk. On behalf of the Sheriffs and officers I represent in Idaho and across the nation, I urge Congress to heed our call – for the sake of our families, our communities and the future of this nation.