Utah AG Brown Joins Coalition Asking Trump Administration to Close Loophole That Allows Fentanyl to Cross the Border 

April 2, 2025

Utah Attorney General Derek Brown joined a letter to the Trump Administration asking them to block a loophole that is being used to traffic fentanyl into the U.S.  

Traffickers and foreign adversaries are constantly assessing how they can sneak fentanyl and other drugs into our neighborhoods and communities. Attorneys general who signed the letter noted a new, troubling data trend.  

There is a U.S. Customs and Border Protection pilot program called Entry 86. This program is used for legitimate trade, but it now accounts for 75% of de minimis goods – these are goods valued under $800 that are less regulated than other goods. De minimis shipments, which come through Entry Type 86, rose from 153 million in 2015 to 1.2 billion in 2024.  

Data from Customs and Border Protection shows that some shippers have exploited this streamlined process to bypass regulations, resulting in compliance issues. The attorneys general said this program should be assessed.  

“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,” said the letter.  

Utah and other attorneys general asked the Trump Administration to pause the Entry Type 86 test to prevent illegal goods from entering the country.  

The attorneys general committed to working with the Trump Administration to cut off all avenues that may lead to fentanyl and other deadly drugs entering our communities.  

Since President Donald Trump took office, the Trump Administration has concentrated on securing the southern border. Their efforts to combat fentanyl and make the U.S. safer are critical, especially to Utahns. 

There were 606 drug overdose deaths in 2023, according to a report from the Utah Department of Health and Human Services. This is the highest number of recorded overdose deaths in Utah. Fentanyl is the most common drug seen in fatal overdoses and the number of fentanyl-involved overdoses is 12.5 times higher than it was in 2013.  

The Kentucky-led letter was signed by attorneys general from Utah, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, West Virginia, and Wyoming.

View the letter here.