01-29-2025

Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14157, issued on January 20, 2025, directs the Secretary of State, in consultation with other top national security officials, to consider designating certain international cartels and other transnational criminal organizations, specifically naming Tren de Aragua (TdA) and MS-13, as Foreign Terrorist Organizations (FTOs) or Specially Designated Global Terrorists (SDGTs). It also prepares for the potential use of the Alien Enemies Act to expedite the removal of individuals associated with these groups.

Money: There is no specific Congressional Budget Office (CBO) score or appropriation mentioned in the executive order. However, designating these groups as FTOs would allow the U.S. government to freeze their assets within the U.S. financial system and impose sanctions. Costs would be incurred for increased law enforcement, legal proceedings, and potential military action.

Your Impact: For the average American, the most likely direct effect is the potential for increased national and local law enforcement focus on combating drug trafficking and gang violence. It could also lead to more stringent immigration enforcement and has the potential to impact U.S. businesses operating in Latin America due to the risks associated with providing "material support" to designated groups.

Status: Issued and in effect as of January 20, 2025. On February 6, 2025, the Secretary of State designated eight organizations, including the Sinaloa Cartel, CJNG, TdA, and MS-13, as both FTOs and SDGTs.

What's Actually in the Bill

Executive Order 14157 establishes a formal process for the Executive Branch to label specific international criminal organizations as terrorist groups. It declares the activities of these groups—including their violence, control of illegal traffic across the U.S. southern border, and ties to foreign actors—an "unusual and extraordinary threat to the national security, foreign policy, and economy of the United States." The order declares a national emergency to address this threat.

Core Provisions:

  • Designation Process: The order mandates the Secretary of State, in consultation with the Attorney General, Secretary of the Treasury, Secretary of Homeland Security, and Director of National Intelligence, to make a recommendation within 14 days regarding the designation of cartels, TdA, and MS-13 as FTOs or SDGTs.
  • Terrorist Designations: Following the executive order, on February 20, 2025, the State Department designated eight organizations as FTOs and SDGTs: Cártel de Sinaloa, Cártel de Jalisco Nueva Generación (CJNG), Cártel del Noreste (CDN), La Nueva Familia Michoacana, Cártel de Golfo (CDG), Cárteles Unidos (CU), Tren de Aragua (TdA), and Mara Salvatrucha (MS-13).
  • Alien Enemies Act: It directs the Attorney General and Secretary of Homeland Security to prepare for the potential invocation of the Alien Enemies Act of 1798. This would allow for the apprehension and removal of foreign nationals from countries whose governments are deemed to be perpetrating an "invasion or predatory incursion" against the U.S.
  • Policy Goal: The stated policy is the "total elimination" of these groups' presence and influence in the United States.

Stated Purpose (from the Sponsors):

  1. To counter the national security threat posed by international cartels and other transnational criminal organizations that engage in terror, destabilize countries, and flood the U.S. with drugs and violent crime.
  2. To protect the American people and the territorial integrity of the United States by dismantling these organizations' command-and-control structures.
  3. To provide law enforcement with enhanced tools to prosecute and penalize those who provide "material support or resources" to these designated groups.

Key Facts:

Affected Sectors: Law Enforcement, National Security, Finance, International Trade, and Immigration.
Timeline: The order required a recommendation on designations within 14 days of its January 20, 2025 issuance. The designations became effective on February 20, 2025.
Scope: The order targets international organizations, primarily from Mexico and Latin America, but its enforcement and impacts are felt within the U.S., particularly in communities affected by drug trafficking and gang activity, and at the U.S. southern border.

The Backstory: How We Got Here

Timeline of Events:

The Long-Standing FTO Debate (2011-Present):

The idea of designating Mexican drug cartels as FTOs is not new. The debate has been ongoing in Congress for over a decade.

  • 2011: Rep. Michael McCaul introduced legislation to designate several Mexican cartels as FTOs following the killing of U.S. citizens. This marked one of the first significant pushes for the designation.
  • 2019: After the murder of nine American citizens (members of the LeBarón family) in Mexico, the debate intensified. President Trump stated his intention to designate cartels as FTOs but paused the action at the request of Mexican President Andrés Manuel López Obrador, who feared it could lead to violations of his country's sovereignty.
  • 2023: Twenty-one Republican attorneys general sent a letter to the Biden administration urging the FTO designation for cartels, citing the fentanyl crisis and national security threats. Legislation, such as the NARCOS Act, was introduced in Congress to achieve the same goal.
  • Rise of TdA and MS-13: In recent years, law enforcement has raised alarms about the expansion of transnational gangs like the Venezuelan Tren de Aragua and the Salvadoran MS-13, known for extreme violence, human trafficking, and other criminal activities within the U.S.

Why Now? The Political Calculus:

  • Escalating Fentanyl Crisis: The executive order directly links the cartels to the flood of deadly drugs into the United States, framing the issue as a primary national security threat.
  • Border Security as a Priority: The order was issued on the first day of a new presidential term, signaling that border security and combating transnational criminal organizations are top priorities for the administration.
  • Perceived Inadequacy of Existing Tools: Proponents argue that existing sanctions, like those under the Kingpin Act, are insufficient and that an FTO designation provides more powerful legal tools to prosecute not just the organizations but also their entire support network.
  • Invoking Wartime Powers: The order's reference to the Alien Enemies Act suggests a shift toward treating the actions of these groups not just as criminal matters but as acts of "invasion or predatory incursion," justifying extraordinary measures.

Your Real-World Impact

The Direct Answer: This directly affects specific groups, namely immigrants from certain countries and those involved with or victims of the designated organizations, as well as industries operating in regions where these groups are active.

What Could Change for You:

Potential Benefits:

  • Reduced Drug Trafficking: If successful, a coordinated crackdown could disrupt the supply of fentanyl and other illicit drugs, potentially lowering overdose rates and associated crime in communities.
  • Increased Community Safety: A more aggressive posture against violent gangs like MS-13 and TdA could lead to reduced gang activity and violence in affected areas.
  • Enhanced Law Enforcement Tools: The FTO designation allows for stricter penalties, including up to life in prison, for anyone providing "material support" to these groups, potentially crippling their operations.

Possible Disruptions or Costs:

Short-term (1-2 years):

  • Increased Immigration Raids and Deportations: The directive to prepare for the use of the Alien Enemies Act could lead to expedited removals of non-citizens suspected of ties to these groups, potentially without traditional court hearings. This has already led to hundreds of deportations to a maximum security prison in El Salvador.
  • Business and Financial Scrutiny: U.S. companies operating in Mexico and Latin America face increased legal risks. Activities like making protection payments to cartels, which can be a reality of doing business in some areas, could now be prosecuted as providing "material support" to a terrorist organization.
  • Travel and Immigration Delays: There have been reports of temporary pauses on green card applications for refugees and asylees, aligning with the executive order's focus on heightened security vetting.

Long-term:

  • Strained Foreign Relations: The FTO designation has been opposed by the Mexican government, which is concerned about national sovereignty and the potential for unilateral U.S. military action on its territory.
  • Legal Challenges and Civil Liberties Concerns: The broad definition of "material support" and the use of the 1798 Alien Enemies Act are expected to face significant legal challenges, raising questions about due process and First Amendment rights.

Who's Most Affected:

Primary Groups: Immigrants from Mexico, Venezuela, and El Salvador; individuals and communities directly impacted by drug and gang violence; U.S. businesses with operations or supply chains in Latin America.
Secondary Groups: Financial institutions, which will face stricter compliance requirements to avoid processing funds related to designated groups.
Regional Impact: States and cities along the U.S.-Mexico border and communities across the country with a significant presence of the targeted gangs are most likely to see increased law enforcement activity and effects from this policy.

Bottom Line: This executive order significantly elevates the U.S. government's fight against cartels and transnational gangs, shifting it from a law enforcement issue to a national security and counter-terrorism effort, with tangible consequences for immigration enforcement and businesses operating abroad.

Where the Parties Stand

Republican Position: "A Necessary Step to Secure the Border and Save American Lives"

Core Stance: Republicans have long advocated for designating cartels as FTOs and generally support this executive order as a critical tool to combat the flow of fentanyl and secure the border.

Their Arguments:

  • ✓ The FTO designation is a "game-changer" that provides the necessary authority to dismantle cartels and their financial networks.
  • ✓ It rightfully treats cartels, which control large parts of Mexico and are responsible for thousands of American deaths, as the terrorist organizations they are.
  • ✓ The order equips law enforcement with better tools to prosecute not just cartel members but also their entire support ecosystem, including those who provide financial or material support.

Legislative Strategy: Supporting the executive order and pushing for aggressive implementation. They have introduced bills like the NARCOS Act to codify the FTO designation for cartels.

Democratic Position: "Using the Right Tools, But Wary of Overreach"

Core Stance: Democrats have expressed concern over the "iron river" of U.S. firearms flowing to cartels and have urged the administration to use the new FTO designation to crack down on this illegal gun trafficking. However, there are also strong concerns about potential negative consequences and government overreach.

Their Arguments:

  • ✓ The FTO designation provides powerful new legal tools that should be used aggressively to stop the southbound trafficking of American firearms that arm the cartels.
  • ⚠️ An FTO designation could harm U.S.-Mexico relations and negatively impact U.S. businesses that may be coerced into dealing with cartels.
  • ✗ Critics of the approach argue it is unnecessary, as other laws like the Kingpin Act already provide authority to sanction these groups, and that the "terrorist" label mischaracterizes the primarily profit-driven motives of cartels. Concerns are high regarding the infringement on civil liberties and due process, especially with the invocation of the Alien Enemies Act.

Legislative Strategy: To urge the administration to use the new authorities to combat firearms trafficking to Mexico while monitoring for unintended consequences and potential abuses of power.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The Executive Order cites three primary legal pillars:

  • Immigration and Nationality Act (INA): Section 219 of the INA (8 U.S.C. 1189) grants the Secretary of State the authority to designate Foreign Terrorist Organizations.
  • International Emergency Economic Powers Act (IEEPA): This act (50 U.S.C. 1701 et seq.) allows the President to regulate economic transactions after declaring a national emergency in response to an "unusual and extraordinary threat" from abroad.
  • Alien Enemies Act of 1798: A wartime statute (50 U.S.C. 21 et seq.) that permits the President, during a declared war or an "invasion or predatory incursion...by any foreign nation or government," to apprehend and remove non-naturalized citizens of that hostile nation.

Relevant Portion of the Constitution (Article II, Section 3): "[The President] shall take Care that the Laws be faithfully executed..."

Constitutional Implications:

[Legal Principle]: The core constitutional question revolves around whether the activities of non-state actors like cartels can be legally defined as an "invasion or predatory incursion" by a "foreign nation or government," as required to trigger the Alien Enemies Act. Critics argue that drug smuggling and immigration do not meet this definition.
[Precedent]: The Alien Enemies Act has been used historically, most notoriously to intern Japanese, German, and Italian Americans during World War II. Recent court cases have affirmed that noncitizens detained under the act are entitled to some due process, including notice and the ability to challenge their detention via habeas corpus. The Supreme Court has recently weighed in on cases involving its use, allowing deportations to proceed but requiring the government to facilitate the return of an individual wrongfully deported.
[Federalism]: The order primarily exercises federal power over national security, foreign policy, and immigration, which are established federal domains. However, its implementation will heavily involve state and local law enforcement.

Potential Legal Challenges:

Legal challenges are highly likely and are expected to focus on several fronts:

  • Abuse of Presidential Power: Lawsuits will likely argue the President is misusing the Alien Enemies Act, a wartime statute, for peacetime immigration enforcement and that cartels do not constitute a "foreign nation or government."
  • Due Process: Individuals detained and deported under the Act will likely file habeas corpus petitions, arguing they were denied due process rights to a fair hearing before being removed.
  • First Amendment: The broad "material support" provision for FTOs could be challenged by individuals and groups who claim it infringes on their rights to free speech and association, particularly for activities like providing humanitarian aid or legal assistance.

Your Action Options

TO SUPPORT THIS EXECUTIVE ORDER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the President's executive order designating cartels as terrorist organizations. I urge [Rep./Sen. Name] to support its full implementation to stop fentanyl and secure our border."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House and Senate Judiciary and Homeland Security Committees to express your support for the FTO designations and aggressive enforcement.
  • Join an Organization: Research and support advocacy groups that focus on border security and combating drug trafficking.

TO OPPOSE THIS EXECUTIVE ORDER

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I am concerned about Executive Order 14157. I urge [Rep./Sen. Name] to conduct oversight to prevent abuses of power and protect the due process rights of immigrants."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper outlining your concerns about the potential for civil liberties violations, the impact on U.S. businesses, and the use of the Alien Enemies Act.
  • Join an Organization: Support civil liberties, immigrant rights, and human rights organizations that are monitoring the implementation of this order and providing legal aid to those affected. (e.g., ACLU, American Immigration Lawyers Association, IRAP).