Mayorkas Says Ending de Minimis Wouldn't Solve Screening Challenge

PHILADELPHIA -- Homeland Security Secretary Alejandro Mayorkas said that the "de minimis exception" impacts CBP's work to stop illegal drugs and other contraband from entering the United States.

Mayorkas, who was speaking March 27 at CBP's Trade Facilitation and Cargo Security Summit, spent more time talking about de minimis than any other topic in his brief remarks. In an aside, he said he spoke with a very prominent retail CEO the day before his speech, and that the CEO said the de minimis exception is harming his company.

But practically speaking, Mayorkas said, even if the $800 threshold were to be eliminated, there would still be more volume of individual packages headed to U.S. buyers than CBP can inspect.

Mayorkas said that even though it's impossible to inspect every package, the agency doesn't want to send the message that de minimis packages enter the country "with impunity," and so, in addition to screening packages that raise suspicion, they may "randomly pull one or two" to inspect.

He added: "We want to be as data-driven as possible in the exercise of that discretionary authority so that we maximize the effectiveness of our work."

Mayorkas said CBP would like to consider de minimis packages coming from trusted partners, with proven track records, differently than those who don't qualify for a trusted trader program.

Those senders "would actually be met with a greater level ... of scrutiny," he said.

He said that the agency is going to use AI to help screen packages for narcotics.

Mayorkas also talked about the need for customs brokers and freight forwarders to prepare for cyberattacks, ransomware attacks, natural disasters and accidents like the one that destroyed the Francis Scott Key Bridge in Baltimore and has closed that major port.

He also talked about the agency's efforts to identify goods made with forced labor, and praised Eric Choy, who leads that team at headquarters, and Executive Assistant Commissioner AnnMarie Highsmith.

"I understand the difficulties of identifying one's supply chain at times," he said, but said he wants to be "very, very clear" that CBP is charged with making sure that goods produced in whole or in part by forced labor do not enter the United States, and that it fulfills that mission "with tremendous, tremendous pride."

He added that CBP officials "have 100% conviction in the righteousness" of this duty.