Drug overdoses have killed more than 100,000 Americans over the past year, and 66% of those deaths were related to synthetic opioids like fentanyl.
From October 2021 to June 2022, a total of 8,425 pounds of smuggled fentanyl were confiscated by the U.S. Customs and Border Protection as it entered the United States.
What more can be done to reduce this deadly tide of drugs flooding across the southern border? Several political leaders suggest designating drug cartels as terrorist organizations. Twenty-one state attorneys general sent a letter to President Joe Biden and Secretary of State Antony Blinken on Feb. 8 asking them to do that.
During a March 8 press briefing, White House press secretary Karine Jean-Pierre said designating drug cartels as foreign terrorist organizations would not provide any additional authorities that the U.S. government doesn't currently possess.
“Designating these cartels as [foreign terrorist organizations] would not grant us any additional authorities that we don’t really have at this time,” Jean-Pierre said. “The United States has powerful sanctions authorities specifically designated to combat narcotics trafficking organizations and the individuals and entities that enable them. We have not been afraid to use them.”
She further said the United States already has potent sanctions capabilities that are specifically intended to counteract narcotics trafficking organizations and those who support them.
Javeed Ali, a former FBI intelligence analyst who worked in the intelligence community and is now a professor of practice at the Gerald R. Ford School of Public Policy at the University of Michigan in Ann Arbor, differs with Jean-Pierre. He said the designation would have a positive impact in the war against the deadly drugs.
“The White House press secretary’s comments fall a bit short, since while the U.S. government does indeed possess a number of law enforcement and financial tools to tackle cartels, the FTO designation unlocks additional ones, that would only provide more options for the administration and exert more pressure against these groups,” Ali told Federal Newswire.
“One of the biggest developments would be bringing material support to terrorism charges against Mexican cartels if so designated by the State Department [and approved by Congress]," he added. "These charges have been effective post 9/11 against a variety of international terrorist groups like al-Qa'ida and ISIS, and have allowed the FBI, DOJ, and Treasury to bring pressure against individuals who provide relatively low level of financial or material support to designated groups like those.”
The Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 defines “terrorism” as “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.”
The Immigration and Nationality Act (INA) defines “terrorist activity” to mean any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any state).
Ali said under Section 219 of the Immigration and Nationality Act, the State Department has the lead authority for preparing and coordinating FTO designations.
“Under this act there is a three-part test that activity from a group must fall under in order for the designation to be approved,” he said. “That criteria stipulates that the organization must be foreign based, that it engages in terrorist activity as defined by different U.S. statutes; and, that the terrorist activity threatens U.S. citizens or U.S. national security.”
Ali said the Biden administration can take immediate action to address this issue. The tools are in place.
“The State Department would have to initiate the FTO designation process, with its Counterterrorism Bureau serving as the lead to then coordinate a designation package both within the department but also the broader interagency, including the intelligence community,” he said. “Under the Immigration and Nationality Act, even if a designation is approved by the State Department, it has to be sent to Congress, which has seven days to either block the designation or allow it to be published in the Federal Register.”
However, Ali said, there may be reasons Biden is not utilizing these powers.
“There are a number of potential risks to designate cartels as FTOs," he said. "One would be Mexican government opposition, since it would suggest that the government has not [been] able to combat cartel activity to a sufficient level in order to prevent such a designation, which beyond the additional legal authorities for the United States to take action also carries a stigmatizing label.
“However, the potential that any such designations would gravely damage the political, economic, and security relationships between Mexico and the United States seems less likely," he added.
Another possible risk is an escalation in violence by any designated Mexican cartel. If this occurs, it would be more likely to lead to an increased threat inside Mexico, since a direct attack by a Mexican cartel in the United States "would incredibly brazen on their part, and likely trigger a significant U.S. response well beyond designations and arrests,” Ali noted.
Ali said financial institutions that launder their money also could be targeted and sanctioned.
“The material support charges once a cartel is designated as an FTO would allow for additional sanctions, [even] for relatively-low level financial transactions,” he said.
At the Gerald R. Ford School of Public Policy, Ali serves as an associate professor of practice, utilizing his 20-plus years of experience in national security and intelligence matters in Washington, D.C. Prior to joining the Federal Bureau of Investigation, Ali held roles in the Department of Homeland Security and the Defense Intelligence Agency.
