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"The flawed legislation passed in the Senate today threatens to repeat the same mistakes that were made with the so-called ‘war on drugs,'" wrote one leader at a civil rights group.
The U.S. Senate on Friday passed a bill that would make permanent harsh criminal penalties for fentanyl-related drugs—but critics warn that the Halt All Lethal Trafficking of Fentanyl Act takes the wrong approach to drug prevention by prioritizing criminalization.
The bill passed by a vote of 84-16, with all the no votes coming from members of the Democratic caucus. The legislation now goes back to the House of Representatives for a procedural vote where it's expected to pass again and then go on to U.S. President Donald Trump, who is expected to sign it into law, according to the group the Drug Policy Alliance, which fights for equitable and nonpunitive drug policy.
The legislation would automatically and permanently put fentanyl-related substances in Schedule I under the Controlled Substances Act, the U.S. Drug Enforcement Agency's list of most dangerous drugs. The bill is expected to increase the number of criminal convictions for fentanyl-related substances, according to the Congressional Budget Office (CBO).
The HALT Fentanyl Act cements policy changes first enacted by the first Trump administration, which temporarily classified fentanyl-related substances as Schedule I drugs in 2018.
Drug policy and rights groups argue the passage of the bill doubles down on "failed, punitive" drug policy.
"Overdose deaths are declining not because of harsh sentencing laws, but because we are finally investing in what works—harm reduction, expanded treatment, and proven public health strategies," said Amy Fettig, acting co-executive director of the group Fair and Just Prosecution, in a statement on Friday.
"The HALT Fentanyl Act threatens this progress by doubling down on ineffective and extreme sentences and fueling unjust prosecutions that disproportionately target communities of color. We have decades of evidence showing that harsh sentencing laws don't stop drug use or save lives," Fettig continued. "Why are we repeating the same mistakes?"
The U.S. Centers for Disease Control and Prevention (CDC) released data in February predicting a nearly 24% decline in drug overdose deaths in the United States for the 12 months ending in September 2024, compared to the previous year.
The CDC credits multiple factors for the drop, including "widespread, data-driven distribution of naloxone," "better access to evidence-based treatment for substance use disorders," and "shifts in the illegal drug supply."
Jesselyn McCurdy, executive vice president for government affairs at the Leadership Conference on Civil and Human Rights, made similar comments to Fettig, writing: "The flawed legislation passed in the Senate today threatens to repeat the same mistakes that were made with the so-called 'war on drugs'... This legislation will not deter crime, protect public safety, or decrease drug use or trafficking."
Maritza Perez Medina, director of federal affairs at the Drug Policy Alliance, said in a Friday statement, "Our elected leaders must invest more in these lifesaving health approaches, yet Congress is doing the opposite."
"Instead of standing with young and everyday people, Schumer is compromising on our lives and futures," said an 18-year-old who was arrested at the protest.
Protesters were arrested at U.S. Senate Minority Leader Chuck Schumer's Washington, D.C. office Friday morning while opposing the New York Democrat's plan to help congressional Republicans prevent a government shutdown with a stopgap funding measure that critics warn will further empower President Donald Trump and his billionaire allies, including Elon Musk.
The Sunrise Movement, a youth-led campaign to fight the climate emergency and create green jobs, said 11 protesters were arrested while urging the Schumer not to help the GOP advance the House-approved continuing resolution (CR). Although Republicans have a Senate majority, it is too slim to force final votes on most legislation without Democratic support.
"If Schumer prioritizes deal-making with Trump and Musk over standing up for the people, he is unfit to lead."
"Schumer must stand with working people and young people, not billionaires. This budget is a corrupt giveaway that sells out everyday Americans and our planet to Trump and Musk's greed. If Schumer prioritizes deal-making with Trump and Musk over standing up for the people, he is unfit to lead," Sunrise executive director Aru Shiney-Ajay said in a statement.
"We demand courage, not cowardice," she added. "This is bigger than politics. It's about protecting our communities, our democracy, and our planet from corruption and corporate greed. Schumer must fight back—now."
The protesters carried banners and signs with messages that included, "Schumer: Step Up or Step Aside," "Schumer: Don't Be a Coward," and "Our Future Is on Fire, Act Like It Is." The protesters echoed those messages.
"Instead of standing with young and everyday people, Schumer is compromising on our lives and futures," said 18-year-old Carly Bryant, who was arrested outside his office. "This bill guts services that working people like me need, just to make the rich richer. If Schumer won't step up and fight for us, he needs to step aside."
D.C. resident Ayesha Nagaria also accused Schumer of siding with Trump and "his billionaire agenda instead of communities across the country and in this city." The 22-year-old stressed that "the people of D.C. cannot afford to have our education and healthcare systems shut down, and Schumer is turning his back on us. If he won't have a backbone and stand up for us, we need to stand up for ourselves."
The GOP push to pass the CR before a shutdown begins at midnight comes as Trump and his billionaires—from Cabinet leaders to Musk, head of the so-called Department of Government Efficiency (DOGE)—are gutting the federal government. Although they are running into some roadblocks in court, the administration is also showing its willingness to ignore judges' orders. Meanwhile, Republicans in Congress are aiming to give the rich tax cuts by slashing programs for the working class.
Protesters who gathered at Schumer's home in New York City Friday morning shared similar messages, holding signs that said, "People Over Billionaires," "Schumer, Vote No or Go," and "Schumer: Do Not Comply in Advance, Say No to Cloture."
"I Wish AOC Was My Senator," read one sign, a reference to growing calls for Congresswoman Alexandria Ocasio-Cortez (D-N.Y.) to launch a primary challenge against Schumer. She has been a leading critic of his plan to vote for cloture, or to end debate.
While Ocasio-Cortez is a leading progressive, intense criticism of Schumer's position—that preventing a shutdown with this CR is the best of various bad options—is coming from across the "big tent" of the Democratic Party, including its House leaders.
The demonstration at Schumer's Brooklyn residence was organized by a local arm of the progressive group Indivisible.
The protest was "a testament to how many people are upset," Indivisible Brooklyn organizer Lisa Raymond-Tolan toldSalon, noting that hundreds of people "came out at 8 o'clock in the morning on a weekday to let the senator know that he is off course and capitulating to fascism—and we won't stand for it."
"He is not the leader for this moment," Raymond-Tolan told the crowd, according to Salon. "We need him to fight back or get the fuck out."
So far, in the Senate Democratic Caucus, only Schumer and Sen. John Fetterman (D-Pa.) had publicly made clear that they intend to vote "yes" on cloture, though Sen. Kirsten Gillibrand (D-N.Y.) is also widely expected to, after she was overheard "speaking quite loudly" against a shutdown during a Thursday lunch with colleagues.
Whatever happens with the CR and looming shutdown, there is now a movement to oust Schumer from Democratic Party leadership—and as of Friday it includes the "Pass the Torch" campaign that pressured former President Joe Biden to drop out of the 2024 contest.
"Chuck Schumer is unwilling and unable to meet the moment. His sole job is to fight MAGA's fascist takeover of our democracy—instead, he's directly enabling it," said Pass the Torch. "Americans desperately need a real opposition party to stand up to Trump. It's clear that will not happen as long as Schumer remains in charge of Senate Democrats. It's time to 'chuck' Schumer out. Chuck Schumer must resign as minority leader and make way for leaders who will actually fight for the American people."
"Schumer should step down from Democratic leadership—or be forced out—and let someone actually willing to fight Trump and Musk take his place."
The Democratic Party erupted in anger late Thursday after its longtime Senate leader, Chuck Schumer, capitulated to Republicans on a government funding package that would slash critical programs and bolster the Trump administration's lawless assault on federal agencies.
The fury wasn't limited to the party's progressive wing, which was predictably incensed by Schumer's (D-N.Y.) announcement that he and a sufficient number of other Democrats would vote in favor of advancing the GOP bill to avert a government shutdown.
According toAxios, even centrist Democrats were among those "voicing support for a primary challenge" against Schumer, with members floating Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Dan Goldman (D-N.Y.) as possible 2028 candidates against the minority leader.
"One lawmaker even vowed at the House Democratic retreat to 'write a check tonight' supporting Ocasio-Cortez," the outlet noted, citing an unnamed senior House Democrat.
CNN similarly reported that House Democrats—who, with the exception of Rep. Jared Golden of Maine, unified against the Republican funding package—"are so infuriated with Schumer's decision that some have begun encouraging [Ocasio-Cortez] to run against Schumer."
"Multiple Democrats in the Congressional Progressive Caucus and others directly encouraged Ocasio-Cortez to run on Thursday night after Schumer's announcement," said one unnamed lawmaker, who told CNN that party members were "so mad" at the Senate leader that even centrists were "ready to write checks for AOC for Senate."
Ocasio-Cortez, who called Schumer's reversal on the Republican funding bill "a huge slap in the face," said amid the mounting primary calls that she's focused on mobilizing against the GOP measure in a last-ditch attempt to sink it.
"We still have an opportunity to correct course here, and that is my number one priority," the New York progressive told CNN. "I think there is a wide sense of betrayal if things proceed as currently planned."
A vote on the Republican bill is expected later Friday ahead of a looming government shutdown.
With Sen. Rand Paul (R-Ky.) expected to break ranks, the Senate GOP needs at least eight Democratic supporters to advance the legislation to a final vote.
Opponents of the GOP measure, including the largest union of federal workers in the country, argued that President Donald Trump and unelected billionaire Elon Musk are already effectively shutting the government down by eviscerating entire departments.
"Instead of forcing Republicans to own their extremism, Schumer gave away one of the only pieces of leverage Democrats had before 2026," wrote Democratic strategist Waleed Shahid. "This wasn't about whether a shutdown was risk-free—no fight ever is. It was about whether Democrats were willing to impose a cost on their opponents for governing through blackmail. Instead, Schumer made the kind of move that tells Republicans they can keep pushing."
Justice Democrats, a progressive group that helped Ocasio-Cortez upset a top House Democrat in a 2018 primary, said Thursday that the "corporate Democratic leadership is all talk and no fight."
"Gutless, spineless, and utterly unqualified to lead," the group added. "Schumer should step down from Democratic leadership—or be forced out—and let someone actually willing to fight Trump and Musk take his place."