(Source : WFSB) The U.S. Department of Justice (DOJ) has ended a nationwide program that allowed the Drug Enforcement Administration (DEA) to seize millions of dollars in cash from airline passengers without making arrests. Deputy Attorney General Lisa Monaco issued the directive on November 12, 2024, suspending the DEA’s “consensual encounters” program, which had drawn significant criticism.
The decision followed a report from the DOJ’s Inspector General, triggered by an investigative video produced by InvestigateTV and Atlanta News First Investigates. The video, which exposed the practice of plainclothes DEA agents searching passengers at airport gates, went viral and was watched millions of times. The program, known as Operation Jetway, had been running for years, seizing cash from passengers under the guise of “voluntary” searches.
The investigation began earlier this year after an airline passenger, identified only as David, filmed a DEA agent seizing his bag at the Cincinnati Northern Kentucky Airport. David, who had seen the InvestigateTV report, refused to consent to the search. In the video, DEA Officer Nicholas Nimeskern can be heard dismissing David’s objections, stating, “I don’t care about your consent stuff,” as he removed David’s bag without a warrant or probable cause. No illegal items were found, but David missed his flight.
The release of David’s video prompted the DOJ Inspector General to reopen a long-running investigation into the DEA’s practices. It was revealed that airline employees were paid informant fees for tipping off the DEA about passengers who had purchased last-minute tickets, often triggering searches for large sums of cash. While traveling with cash is legal in the U.S., the DEA’s reliance on these tips raised concerns about civil rights violations.
The investigation uncovered that one airline employee had received tens of thousands of dollars over the years for providing such information. In David’s case, there was no evidence of drug trafficking or money laundering—only that he had bought a last-minute ticket to New York City.
The Inspector General’s report highlighted the problematic nature of the program, noting that many of these searches were based solely on tips from airline employees, without any other leads or evidence of criminal activity. The report further criticized the DEA for failing to keep records of its encounters unless drugs or cash were seized, and for creating paperwork months after the fact when asked to provide documentation.
Georgia Senator Jon Ossoff, who had reviewed the InvestigateTV report, voiced concerns over the program’s potential to violate the constitutional rights of passengers. He called it “a scathing description of serious deficiencies” and raised alarms about the informant payment system, which could incentivize wrongful searches.
In response to the Inspector General’s findings, the DOJ issued a directive suspending the program. The directive bans searches based solely on tips from airline employees regarding last-minute ticket purchases and requires that any searches be part of an ongoing, predicated investigation involving identified criminal networks. The directive also noted that the program would no longer be allowed to operate as it had before.
Since the suspension was enacted, InvestigateTV reported seeing no sign of DEA agents conducting searches at airport gates, as had previously been the case. The DEA has yet to respond to questions about the suspension, but in a statement, it said it is reviewing its Transportation Interdiction Program and remains committed to its mission of fighting drug trafficking.
The DOJ’s decision marks a significant shift in how the DEA conducts airport searches and highlights the growing scrutiny of law enforcement practices that may infringe on passengers’ rights.
