Sen. Scott Charts Path to Combat the Fentanyl Crisis

WASHINGTON — U.S. Senator Tim Scott (R-S.C.) reintroduced his Alan Shao II Fentanyl Public Health Emergency and Overdose Prevention Act. The legislation takes a three-fold approach to addressing the fentanyl crisis fueled by the expiration of Title 42 during the Biden administration. This legislation would allow the U.S. Department of Homeland Security (DHS) to expedite the processing and removal of migrants illegally entering the country in response to the fentanyl-related public health emergency. 

“The former president left a disaster on our southern border that infected communities and families across our nation. A couple of years ago, my friend Alan Shao lost his son to the crisis curated by the Biden administration’s open border policies. This legislation is named in honor of his son to remind us that one life lost is one too many and that we can’t continue to sit idly by allowing devastation to rip through our homes,” said Senator Scott. “I am grateful to lead efforts to put an end to this public health crisis and clean up our border. I look forward to working with the Trump administration to ensure more Americans can live in a safer nation.”

“The fentanyl crisis is a national emergency. It was driven by the Biden administration’s open-border policies and will require decisive, sustained, and specific action to stem. This bill will protect American lives and secure our border. I’m proud to work with my colleagues on this critical issue,” said Senator Cruz.

“Sheriffs across North Carolina have told me that every one of our counties is a border county after four years of the Biden administration. To reverse this dangerous situation, I am proud to join Senator Tim Scott’s bill to speed up the removal of illegal aliens who pose safety risks to communities across the nation,” said Senator Budd. “The Trump administration needs more tools to get the southern border under control, and this bill would be another major step in the effort to restore law and order in our country.”

In addition to Senator Scott, the bill is cosponsored by U.S. Senators Ted Budd (R-N.C.), Ted Cruz (R-Texas), and Bernie Moreno (R-Ohio). 

Expedited processing and removal would apply to migrants who:

• Are attempting to enter the US from Canada or Mexico illegally; 
• Do not possess necessary travel documents for admittance into the US; and 
• Are being held at a point of entry or a Border Patrol station facilitating immigration processing. 

BACKGROUND

The Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act is named after the son of Dr. Alan Shao, the former Dean of the School of Business at the College of Charleston. Alan T. Shao II passed away at the age of 27 due to a fentanyl overdose. 

Senator Scott’s legislation utilizes powers similar to those under Title 42, which allows the Department of Homeland Security to expedite the processing and removal of migrants illegally entering the country, and applies them in response to the fentanyl-related public health emergency.  

According to the U.S. Drug Enforcement Agency (DEA), the agency seized more than 367 million deadly doses (2 mg of fentanyl equates to a deadly dose) in 2024. More than 100,000 Americans died from drug overdoses during 2023, with the majority of such deaths caused by fentanyl. 

In addition to the Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act, Senator Scott introduced the Securing Our Border Act, which redirects $22.4 billion of unobligated funding passed by Democrats to hire 87,000 Internal Revenue Service (IRS) agents and utilizes it to bolster security measures along our southern border.

Furthermore, he introduced the Stifling Transnational Operations and Proliferators by Mitigating Activities that Drive Narcotics, Exploitation, and Smuggling Sanctions Act – or the STOP MADNESS Act, which would also ensure the president can sanction foreign governments that resist efforts to repatriate their citizens who unlawfully enter the United States.

In April 2024, Senator Scott’s FEND Off Fentanyl Act, which directs the Department of Treasury to use U.S. economic national security tools to choke off the profits of the Chinese precursor manufacturers and the Mexican cartels that push fentanyl across the border, was signed into law. 

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