A DRUG WAR INSIDE THE GOVERNMENT

THE Obama administration is taking aggressive measures to ensure that
the drug violence in Mexico does not spill over more than it already has
into this country. But a dispute between two federal agencies, if not
remedied, will seriously hamper these efforts - and prevent thousands of
experienced criminal investigators from doing their utmost to secure our
borders.

Immigration and Customs Enforcement is the largest investigative arm of
the Department of Homeland Security and, under current law, its agents
can investigate any crime with a connection to the American border, from
weapons trafficking to child pornography. Any crime, that is, except
drug crimes. The ability to investigate such crimes, known as Title 21
authority, rests with the Drug Enforcement Administration, which is part
of the Department of Justice.

The attorney general can and, under certain circumstances, does give
other federal agents the power to investigate drug crimes. But a
longstanding dispute with the D.E.A. severely limits the number of
immigration and customs enforcement agents who are given Title 21
authority. Right now, it's fewer than 1,500 of 6,000 or so agents.

During my tenure in the Department of Homeland Security, I worked
directly with Immigration and Customs Enforcement and the D.E.A. on
Title 21 authority. While both sides claim there are several issues at
play, based on my experience, the dispute really boils down to concerns
by the D.E.A. that another federal department is encroaching on its turf.

While fears of ceding jurisdiction are not new to federal agencies, the
worries at the D.E.A. are groundless. The agency is second to none as
the country's primary drug investigation force. Immigration and Customs
Enforcement, on the other hand, is a multi-mission agency whose criminal
investigation jurisdiction will continue to be limited to offenses
connected to the American border. The immigration and customs
enforcement agency does not have the capacity to take over the D.E.A's
role nor would it want to do so, given its other duties.

However, allowing Immigration and Customs Enforcement to handle drug
investigations at our borders, where it already has a significant
presence, would greatly strengthen our efforts to stop the flow of
narcotics that fuels the drug violence both here and in Mexico. It would
also let the D.E.A. shift its own resources to other domestic and
international investigations.

This situation is all the more critical because the F.B.I. has severely
reduced its anti-drug efforts to concentrate on fighting terrorism and
the Drug Enforcement Administration's staffing levels have hardly
increased in recent years. If Immigration and Customs Enforcement were
given Title 21 authority, the United States would be able to add
thousands of drug investigators immediately - and without spending any
additional money.

Despite numerous efforts by the two agencies to reconcile their
differences, too much animosity exists for them to resolve this problem
on their own. The best solution is for Janet Napolitano, the secretary
of homeland security, and Eric Holder, the attorney general, to work out
this dispute once and for all. While Ms. Napolitano recently told the
Senate that she has begun discussions with the Justice Department, there
is no indication that this issue will be resolved soon.

Every day that goes by is another day we are at risk, and we can no
longer allow this interdepartmental dispute to contribute to that risk.
By giving Immigration and Customs Enforcement agents full and permanent
Title 21 authority, the Obama administration can help strengthen our
border - quickly, cheaply and decisively.