WASHINGTON – South Dakota Attorney General Marty Jackley is among 25 state attorneys general calling on the Trump administration to shut down a loophole that drug traffickers are using to smuggle fentanyl into the U.S.
In a letter to U.S. Secretary of Homeland Security Kristi Noem and Acting U.S. Customs and Border Protection (CBP) Commissioner Pete Flores, the attorneys general urged reforms to the Entry Type 86 program. This customs process allows shipments valued under $800 to bypass extensive screening, a system initially designed to streamline trade for mass cargo carriers.
The attorneys general argue that the program has grown beyond its original intent, now accounting for 75% of all low-value shipments entering the U.S. Since 2015, these shipments have skyrocketed from 153 million to more than 1.2 billion in 2024.
“Any surge of this magnitude requires further study, especially when it comes to potential challenges within our customs enforcement system. It raises serious concerns about the flood of deadly drugs coming into our country through this program, along with other issues including noncompliance, supply chain vulnerabilities, and the circumvention of duty and regulatory obligations,” the letter reads.
The letter also cites CBP data indicating that some shippers have used Entry Type 86 to bypass regulations and avoid paying duties, prompting CBP to suspend multiple customs brokers from the program in 2024 due to compliance risks.
“South Dakota law enforcement at all levels seized 18.2 pounds of fentanyl in 2024, enough to cause the death of every South Dakotan four or five times over,” said Jackley. “We need the Trump Administration’s help to stop fentanyl from coming across our borders and into our states.”
Jackley joined attorneys general from Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wyoming in signing the letter.
