A New Trump Plan Gives DHS and the White House Greater Influence in the Fight Against Organized Crime – ProPublica

Report on the Reorganization of U.S. Efforts Against Transnational Crime and Its Alignment with Sustainable Development Goals (SDGs)

Introduction

The Trump administration has initiated a significant restructuring of the United States’ approach to combating drug trafficking and transnational criminal organizations. This reorganization emphasizes enhanced authority for the Department of Homeland Security (DHS) and increased influence of the White House in law enforcement operations.

Overview of the Reorganization Strategy

Internal documents and government sources reveal that the new strategy reduces the control of federal prosecutors over investigations. Instead, decision-making is transferred to task forces co-led by the FBI and Homeland Security Investigations (HSI), the investigative division of DHS.

• The Homeland Security Task Forces (HSTFs) are designed to unify law enforcement agencies under a coordinated framework.
• Stephen Miller, President Trump’s homeland security adviser, is the primary overseer of this initiative.
• The reorganization aims to dismantle traditional barriers separating the White House from active criminal investigations.

Implications for Law Enforcement Agencies

1. Shift in Agency Roles: The Drug Enforcement Administration (DEA), historically the lead agency for narcotics enforcement, will be formally subordinated to HSI and the FBI within the task force framework.
2. Focus on Immigration-Related Crimes: The plan prioritizes immigration offenses, including human smuggling and trafficking, especially crimes involving children.
3. Task Force Authority: Task force leaders will have supremacy to approve or reject investigations, potentially limiting independent prosecutorial discretion.

Alignment with Sustainable Development Goals (SDGs)

This reorganization intersects with several SDGs, notably:

• SDG 16: Peace, Justice, and Strong Institutions – By aiming to dismantle criminal cartels and transnational criminal organizations, the initiative seeks to promote peaceful and inclusive societies, ensuring access to justice for all.
• SDG 3: Good Health and Well-being – Targeting drug trafficking contributes to combating substance abuse and related health crises.
• SDG 5: Gender Equality – The focus on ending human trafficking, particularly offenses involving children, supports the protection of vulnerable groups and promotes gender equality.
• SDG 10: Reduced Inequalities – By addressing transnational crime and human smuggling, the strategy aims to reduce inequalities exacerbated by illicit activities.

Transition from OCDETF to Homeland Security Task Forces

The administration plans to phase out the Organized Crime Drug Enforcement Task Forces (OCDETF), a longstanding Justice Department program, transferring its mission and resources to the new Homeland Security Task Forces.

• OCDETF has been a $550 million program facilitating interagency cooperation with a focus on financial investigations and intelligence sharing.
• Concerns exist regarding the loss of OCDETF’s incentive structure that encouraged collaboration among agencies.
• The new task forces may distribute funds directly to agencies without requiring cooperative investigations.

Concerns and Criticisms

1. Reduced Prosecutorial Independence: The diminished role of federal prosecutors in investigation decisions may affect the impartiality and effectiveness of law enforcement.
2. Potential Fragmentation: Experts warn that without prosecutors driving the process, the system risks fracturing established investigative procedures.
3. Secrecy and Exclusion: Key agencies such as the DEA have reportedly been excluded from planning meetings, raising concerns about transparency and inclusivity.
4. Focus Shift: There is apprehension that the task forces may prioritize immigration enforcement over addressing broader organized crime and drug trafficking threats, including the fentanyl epidemic.

Operational Examples and Outcomes

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

Interagency Cooperation and Intelligence Sharing

The new task force model enforces cooperation through a “supremacy clause” that:

• Requires all investigative initiatives targeting transnational criminal organizations to be presented to the HSTF first.
• Prohibits parallel or competitive activities among member agencies, aiming to eliminate duplicative task forces or specialized units.

While intended to streamline efforts, this approach may limit investigative independence and adaptability, potentially allowing emerging criminal organizations to evade detection.

Conclusion and Recommendations

The reorganization of U.S. law enforcement efforts against transnational crime represents a strategic shift with significant implications for justice, security, and human rights. To align effectively with the Sustainable Development Goals, it is crucial to ensure:

1. Transparency and inclusivity in task force planning and operations.
2. Preservation of prosecutorial independence to maintain impartial justice.
3. Balanced focus on immigration-related crimes and broader organized crime threats.
4. Robust interagency cooperation supported by secure intelligence sharing mechanisms.
5. Protection of vulnerable populations, especially children, in combating human trafficking.

These measures will support the achievement of SDG 16 and related goals, fostering safer and more just societies.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses the reorganization of U.S. law enforcement agencies to combat drug trafficking, transnational criminal organizations, human smuggling, and trafficking, which aligns with SDG 16’s focus on promoting peaceful and inclusive societies, providing access to justice, and building effective, accountable institutions.
2. SDG 3: Good Health and Well-being
   • The fight against drug trafficking and narcotics enforcement relates to SDG 3, which aims to ensure healthy lives and promote well-being by addressing substance abuse and related health crises such as the fentanyl epidemic mentioned in the article.
3. SDG 10: Reduced Inequalities
   • The article touches on immigration enforcement and the treatment of undocumented immigrants, which connects to SDG 10’s goal to reduce inequalities within and among countries.

2. Specific Targets Under the Identified SDGs

1. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere — the article’s focus on dismantling criminal cartels and transnational criminal organizations supports this target.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all — the article discusses changes in law enforcement coordination and prosecutorial roles.
   • 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 — the article’s emphasis on coordinated investigations and financial investigations of criminal activity aligns with this target.
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 — the article’s focus on narcotics enforcement and the fentanyl epidemic relates directly to this target.
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 — the article’s focus on immigration enforcement and human trafficking addresses this target.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators for SDG 16 Targets
   • Indicator 16.1.1: Number of victims of intentional homicide per 100,000 population, by sex and age — implied by efforts to dismantle criminal organizations and reduce violence.
   • 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 — implied through changes in law enforcement and prosecutorial processes.
   • Indicator 16.4.1: Total value of inward and outward illicit financial flows (in current US dollars) — implied by the article’s mention of financial investigations of criminal activity.
2. Indicators for SDG 3 Target
   • Indicator 3.5.1: Coverage of treatment interventions (pharmacological, psychosocial and rehabilitation and aftercare services) for substance use disorders — implied by the focus on narcotics enforcement and addressing the fentanyl epidemic.
3. Indicators for SDG 10 Target
   • Indicator 10.7.2: Number of countries that have implemented well-managed migration policies — implied by the article’s discussion of immigration enforcement and human trafficking efforts.

4. Table of SDGs, Targets, and Indicators

Source: propublica.org