DHS Continues Seizing Cash at Airports, Despite Justice Department Ending Practice Due to Constitutional Concerns a Year Ago

Even after the Drug Enforcement Agency (DEA) discontinued the practice of confiscating suspected drug-related cash from airline passengers over constitutional issues, the Department of Homeland Security (DHS) has quietly continued similar operations. Investigations reveal that federal and local task forces are targeting travelers at Dallas-area airports, using drug-sniffing dogs to justify searches of luggage.

According to court records, these searches have occurred throughout the year at both DFW Airport and Love Field. Frequently, agents seize large sums of cash from travelers without filing any criminal charges.

This approach reflects an ongoing expansion of DHS powers, continuing a program criticized by civil liberties advocates, journalists, and internal government reviews for unfairly impacting innocent passengers. Carrying substantial cash on domestic flights is legal, but law enforcement associates it with potential drug traffickingespecially when paired with one-way tickets or short layovers.

Federal authorities can legally confiscate suspected drug money under civil asset forfeiture, allowing property to be seized on suspicion of criminal activity. Owners are often forced to contest these seizures in court, even when no drugs are found. In one case this January, Homeland Security agents claimed the smell of marijuana on a passenger's luggage at Love Field. While no drugs were discovered, the agents seized $800,000 in cash. The passenger, not charged with a crime, is now challenging the seizure in federal court.

Another example involved $350,000 taken after a drug-sniffing dog alerted on a travelers luggage. The individual faced no criminal charges, and the government eventually returned $178,000 through a settlement.

Supporters of civil asset forfeiture argue that it is a key tool for disrupting organized crime by targeting illicit proceeds. Yet civil liberties organizations contend that the system often punishes innocent people, forcing them to prove their money is legitimate while creating profit incentives for law enforcement. These concerns were central to the DEAs decision to end the Transportation Interdiction Program (TIP), which allowed airport searches of travelers and luggage.

Between 2022 and 2024, TIP reportedly seized $22 million in suspected drug proceeds but led to only 57 arrests. Prior investigations revealed even larger patterns: a 2017 Justice Department report noted that the DEA confiscated over $4 billion in suspected drug money over a decade, but $3.2 billion of that was never linked to criminal charges. Such findings raised questions about whether cash seizures served investigative purposes or financial gain.

Many innocent travelers have regained their money after challenging seizures. For example, in 2020, the Institute for Justice filed a class-action lawsuit for passengers whose cash had been confiscated by the DEA. Cases included a 79-year-old man whose $82,373 life savings were seized, a woman who lost $43,167 from a car sale and casino trip, and a man from New Orleans who had $28,000 taken before a planned purchase. Each had their funds returned after contesting the seizures.

DEA reviews concluded that airport cash interdiction programs delivered too few results to justify the constitutional risks. Yet, DHS appears to have resumed the practice quietly. Requests for comment from the Department of Homeland Security have not been answered.

Author: Olivia Parker