New Mexico's governor announced that state officials are considering pursuing billions of dollars in civil damages following reports that U.S. Drug Enforcement Administration agents repeatedly permitted fentanyl shipments to enter drug-plagued communities. The strategy, employed as investigators sought to build larger cases, has drawn sharp criticism from state leaders.
Governor Michelle Lujan Grisham stated her intention to address the matter directly with the White House and Congress, seeking assurances that the DEA will cease such practices in New Mexico and that the strategy is not being replicated elsewhere. This comes as overdose deaths have surged in New Mexico, even as fentanyl fatalities have declined in other parts of the country.
"This is a stunning failure by the federal government," Lujan Grisham said at a news conference in Albuquerque. "It’s disgusting and despicable."
The controversy centers on revelations that DEA agents monitored, but did not seize, fentanyl shipments between 2023 and 2025. Current and former DEA agents, including whistleblower David Howell, have suggested this approach gambled with public safety and potentially violated Justice Department guidelines.
The DEA initially denied the allegations but later requested the Justice Department's independent watchdog to investigate. The situation unfolds against the backdrop of the nation's deadliest drug epidemic and the DEA's own "One Pill Can Kill" public awareness campaign.
New Mexico's Attorney General has initiated a criminal investigation to determine if any federal officials violated state law by knowingly exposing residents to fentanyl. Albuquerque Mayor Tim Keller described fentanyl as his city's "No. 1 challenge," contributing to crime, homelessness, and strained healthcare resources.
While former President Donald Trump's campaign has attributed the issue to the "Biden-run Justice Department" and "disastrous open border policies," Howell's allegations surfaced during the Biden administration, and he continued to flag unseized shipments as recently as last year. The largest documented shipment that was not intercepted, totaling 1.8 million pills, occurred in March 2025, two months into Trump's second term.
Internal Justice Department guidelines were reportedly altered in 2024, granting agents more discretion in seizing fentanyl, moving away from earlier directives that urged seizure whenever "practicable." Whistleblower advocates are calling for the reinstatement of stricter protocols.
Governor Lujan Grisham has previously criticized both administrations for not adequately addressing the fentanyl crisis in New Mexico. She cited the death of a 15-month-old child who reportedly ingested fentanyl, underscoring the devastating impact of the drug. Although national overdose deaths decreased last year, New Mexico saw a 21% increase.
"Somebody must pay for the damage to the state, the public safety risks that will be shared by everyone here for a decade or more, and pay to try to right the wrongs and put people’s lives back together," Lujan Grisham stated. She emphasized the profound pain experienced by victims and the collective responsibility to prevent future losses.