New Mexico's governor announced Monday that state officials could pursue billions of dollars in civil damages after learning that U.S. Drug Enforcement Administration agents repeatedly monitored but did not seize shipments of fentanyl as part of an effort to build larger criminal cases, allowing the deadly opioid to flood into communities grappling with addiction and overdose deaths.
Background
The revelations emerged from reporting by The Associated Press, which documented how DEA agents between 2023 and 2025 employed a controversial strategy that allowed fentanyl shipments to flow unimpeded through New Mexico communities. Current and former DEA agents, including whistleblower David Howell, told AP the approach amounted to a dangerous gamble with public safety and potentially violated U.S. Justice Department rules designed to protect the public.
The timing of these decisions coincides with what officials describe as a devastating surge in overdose deaths across New Mexico. While fentanyl-related fatalities declined in other states nationwide—falling 14% last year according to government data—New Mexico experienced a 21% spike in overdose deaths during the same period, according to state health statistics.
Among the tragic outcomes: the death of a 15-month-old girl in Española who reportedly swallowed some of her mother's drugs. The town has been devastated by grinding poverty and addiction, with officials pointing to that loss as emblematic of the human cost of federal failures.
The fentanyl went unseized amid the deadliest drug epidemic in U.S. history, even as the DEA simultaneously led a public awareness campaign—'One Pill Can Kill'—emphasizing that even trace amounts of the synthetic opioid can be lethal.
The Investigation
DEA initially denied whistleblower allegations but later called upon the Justice Department's independent inspector general to conduct its own investigation into the matter. New Mexico's attorney general has announced a parallel criminal investigation at the state level to determine whether any federal officials broke state law by knowingly exposing residents to fentanyl.
Howell, who first came forward during the Biden administration in 2023 and was subsequently sidelined for doing so, continued flagging unseized shipments as recently as last year. The largest documented incident occurred two months into President Donald Trump's second term—in March 2025—when DEA learned of but did not intercept a massive 1.8-million pill haul.
The White House and DEA have not immediately responded to requests for comment on the matter.
President Trump shared a link on his Truth Social page to an article attributing the scandal to what he called the 'Biden-run Justice Department.' The Justice Department, in a statement to AP, said 'the alleged conduct occurred under the Biden Administration's disastrous open border policies.'
Governor Lujan Grisham has criticized both administrations for failing to adequately address fentanyl trafficking in New Mexico. She emphasized that regardless of political attribution, accountability must be established.
'Using us in some sort of uninformed, undisciplined experiment that's literally killing our people—that's what this is,' said Albuquerque Mayor Tim Keller at the news conference. 'This should outrage every single New Mexican.'
Key Takeaways
- DEA agents repeatedly monitored but did not seize fentanyl shipments between 2023 and 2025 as part of a strategy to build larger criminal cases
- Whistleblower David Howell, a former DEA agent, first raised concerns in 2023 and was sidelined after doing so
- New Mexico's attorney general has opened a state-level criminal investigation into whether federal officials violated state law
- The Justice Department's inspector general is conducting its own separate investigation into the matter
- New Mexico saw a 21% spike in overdose deaths while nationwide fatalities declined by 14%
- A 1.8-million pill shipment went unintercepted in March 2025—the largest documented unseized haul
What's Next
Governor Lujan Grisham said she plans to take her demands for accountability 'right to the White House and Congress,' seeking assurances that DEA is no longer employing this controversial strategy in New Mexico or replicating it elsewhere. The state will pursue civil litigation to recover damages, with officials estimating potential recoveries in the billions of dollars. Meanwhile, both the Justice Department inspector general investigation and the state criminal probe are ongoing, with no timeline specified for conclusions.