By Michael Brown
On January 20, 2025, President Trump signed an Executive Order designating cartels and other organizations as “Foreign Terrorist Organizations and specially designated global terrorists.” This declaration will fundamentally change the approach of local, state and federal counter-narcotics investigations, special operations and prosecutions.
The order will impact every aspect of counter-narcotics policing, from local officers on patrol to state and federal agencies, which now have additional integrated resources at their disposal. Collaboration among police, intelligence agencies and even the military is forthcoming, allowing law enforcement to operate beyond their typical scope and access previously untapped resources for counter-narcotics operations.
Drug-related crimes, in general, have always been criminal acts subject to the normal processes and procedures prescribed by law. While the exact details still need to be determined by the Attorney General, the Secretary of Homeland Security and the Secretary of State, the Executive Order potentially transforms America’s rules of engagement with organized narcotics crime, raising it from a crime to a national security threat.
Turning the tables on the cartels and their partners
The battle against cartels is not new, as law enforcement has been fighting the opioid epidemic for years. During that time, U.S. authorities have labeled several organizations as “narco-terrorists"; the Taliban and al-Qaida are two groups well-known to Americans. The difference is that these were existing terrorist organizations that used drug profits to fund their ideals.
The Executive Order flips this around and will designate known narcotics cartels in Mexico and other South American countries as terrorists. Only two criminal groups are mentioned in the order: Tren de Aragua and La Mara Salvatrucha (MS-13). It is expected that additional syndicates will be added to the list soon.
The scope of the Trump administration’s order can be understood in terms of America’s National Security Strategy, which has operated on a “2+3 framework” since 2017. Russia and China are seen as the greatest threats to America, while North Korea, Iran and terrorism (in general) are considered critical, secondary threats.
The order now includes drug cartels with the three secondary threats, which means law enforcement organizations dealing with them, such as local and state offices, can enlist and collaborate more easily with other state and federal agencies and the Offices of the United States Attorneys.
Investigating and prosecutorial authorities now have significantly more resources, and the cartels and their partners will be charged at a federal level, with the associated harsher penalties. This permits operations across state lines and the ability to target nationwide drug operations instead of being limited to a state or county.
It’s important to note that the Executive Order does not target street dealers or those addicted to narcotics. It focuses on the more prominent criminals, for example, those trafficking large quantities of substances such as heroin, cocaine, or fentanyl.
Indirect support also gets the terrorist label
The power of this declaration is likely to have far-reaching consequences for all parties involved in the fentanyl supply chain, not only the cartels. Any participants may be declared domestic terrorist proxies and be charged according to 18 U.S.C. 2339A and 18 U.S.C. 2339B. These statutes address providing “material support” to terrorists.
These laws command long prison sentences and do not require that a supplier of material support has the same “specific intent” as the terrorist, but only that they know of its intended use. So, while precursor chemicals may be harmless or even legal, knowingly buying or supplying them for synthetic narcotic production may be classified as aiding terrorism.
A cursory glance at the supply chain indicates that sanctions could be brought against precursor chemical manufacturers in China and India and also against the entities transporting those chemicals to Mexico. The cartels manufacturing the drugs and transporting the finished product across the Mexican border will naturally be a focal point for law enforcement, but so will the domestic organizations moving them to American cities and towns.
Similarly, supplying weapons to Mexico and transporting them over the border could be viewed as arming terrorists, whether intentional or not. The individuals and companies concerned would face the same sanctions as if they sent them directly to ISIS or the Taliban.
Throttling the financial flow
Moreover, as integral players in the terrorist supply chain, money launderers who aid cartels in evading formal banking systems and the IRS to funnel profits out of the country will face intensified scrutiny. The methods used to clean and transport proceeds from drug sales will undergo strict analysis as authorities intensify their efforts to eradicate money laundering. Despite the challenges posed by today’s technology, which facilitates faster and more innovative methods of transferring money, law enforcement agencies have the skills, determination and resources needed to prevail.
It’s not only the main drug trafficking organizations that will be targeted. The same applies to small businesses. For example, a Chinese broker tasked with laundering money may take a large sum of cash and distribute limited amounts to small businesses in America, which return the money to China — a common occurrence as legal immigrants support their families at home. Once it is in China, the money (minus a fee) is sent to the cartel’s bank accounts with no hint of its illegal source. Everyone participating in this process may face charges related to terrorism, which could lead to prison sentences or deportation.
Case law for providing material support already supports this approach. In 2020, the United States charged Venezuela’s President Nicolás Maduro and other senior officials with narco-terrorism. Maduro et al. may be safe in Venezuela and may not even have direct drug dealings, but they enabled the cocaine supply chain from their country to the United States. Due to the American charges, their ability to transfer money and trade internationally has been significantly degraded.
In December 2024, Alexander Justin White, a U.S. citizen from Durham, North Carolina, was arrested for “providing, attempting and conspiring to provide material support to a designated foreign terrorist organization.” He was not a terrorist, but he was active on social media for months in support of the Islamic State group. The FBI arrested him as he boarded a plane to Morrocco.
Additionally, businesses must realize that sanctions can be applied to any business anywhere in the world. The U.S. Department of the Treasury could seize bank accounts and prevent individuals and companies specified as proxies from operating internationally, as they would be viewed as financiers of terrorism. Case law once again reinforces the authorities’ ability to do this.
A positive side effect of the Executive Order is the hope that many people will rethink their role in the narcotics trade. Instead of seeing themselves as uninvolved middlemen who are not selling death, they now face being prosecuted as proxies for terrorist organizations. Many may decide this route to easy money is no longer worth the consequences.
Additional resources available
The cartels have also gained new opponents. In the past, the threat from law enforcement came primarily from federal agencies, the DEA and the FBI. These agencies will continue their operations with even greater cooperation and will have additional support, for example, from intelligence agencies. The CIA or National Security Agency (and others) can gather much more information in ways law enforcement may not without fear of prosecution or having to justify their actions in court.
Similarly, the military could also be deployed to take on the well-armed and violent cartels operating outside of the United States. This does not suggest that the military will engage cartels in Mexico with drones or air support. That would be an extreme action, and we must wait until the Executive Order is expanded into law to determine the scope of operations the administration will authorize. We can confidently assume, however, that US intelligence activities in countries harboring cartels and their criminal associates will intensify in the future.
A place to start
To capitalize on the president’s order, a joint meeting of local and federal prosecutors is the ideal starting point with the core objective of coordinating investigations. These meetings should identify all the ongoing investigations involving the cartels associated with U.S.-based drug trafficking organizations such as the Italian mob, the Russians and the Asian Triads. In addition, urban trafficking groups like the Crips, the Bloods and the Latin Kings and those connected to them should be assigned to one counter-terrorism investigation that pursues all the players in one multi-agency operation.
This is not a simple process, but the results will reduce the number of cases under investigation while casting a wider net to degrade national criminal operations. One swoop across state borders will inflict much more damage and result in the collection of more verifiable and valuable information for the next case.
While the Executive Order only applies to America, international cooperation is necessary if the cartels are to be degraded globally. Should other nations take similar steps and classify cartels as terrorist entities, global authorities will tackle this threat much like they confront weapons smugglers and terrorists. This could lead to unprecedented results in combating narcotics trafficking.
The collaboration between the United States, Colombia and other nations resulted in the complete dismantlement of Pablo Escobar’s Medellin Cartel. Similar partnerships could lead to the currently untouchable Mexican cartels.
Risks for officers
The Executive Order’s potentially negative impact on law enforcement must also be considered. It may also lead to higher risks for law enforcement officers. Previously, an arrest for serious drug crimes would result in stiff prison sentences, but mandatory federal sentences are worse. The duration of federal sentences, the specter of no bail or early release, and almost certain deportation may make criminals more violent in their attempts to avoid arrest, putting officers in danger.
Peaceful deportations are already occurring in America. However, cartel operatives in the country may prefer to take their chances on Death Row than return to their homes, where their life expectancy will rapidly decrease. “Killing a cop” has generally been avoided in the past due to the consequences, but the pushback is likely to change this approach.
It’s worth remembering that cartels and their proxies are usually well-armed and have easy access to high-powered weapons. Police lives are cheap in narco states, and they have the firepower and the numbers to attempt to apply the same principles in America. Authorities should, therefore, prepare for criminals to aggressively push back and test their resolve through increased violence, primarily motivated by how much they stand to lose.
Those concerned with balancing citizens’ rights and law enforcement’s actions would do well to consider this possibility. What will American authorities’ reaction be to such lawlessness? Will politicians buckle and stop enforcing the law, or will law enforcement meet them head-on with similar force? Will the new U.S. terrorist designation push the cartels to now strike into the United States with a nothing-to-lose attitude? Are we ready for the fight that may be coming?
Taking it beyond politics
Since his inauguration, President Trump’s flurry of Executive Orders has been the topic of endless conversations. While many have welcomed it, declaring cartels as Foreign Terrorist Organizations is only the first step. The relevant departments must determine the details before we see how far the order goes and what results are possible.
We do know that well over 200,000 people died from all drug overdoses in 2022 and 2023 directly as a result of premeditated actions by the cartels and their domestic American partners. President Trump’s Executive Order provides American law enforcement with an opportunity to join forces and strike back at the cartels on an unprecedented scale.
In all likelihood, America’s law enforcement agencies will soon have a very effective tool to degrade cartel operations. The key, however, is cooperation. In some sanctuary cities, politicians prevented local law enforcement from cooperating with counter-narcotic teams in the past for various nebulous reasons. The strategy implemented by the federal government must take this into account and ensure cooperation to save lives, uplift communities and decisively deal with the opioid epidemic.
About the author
Michael W. Brown is the global director of counter-narcotics technology at Rigaku Analytical Devices. He has a distinguished career spanning over 32 years as a Special Agent for the Drug Enforcement Administration (DEA). He served as the country attaché in India and Myanmar. During his tour in Myanmar, he provided foreign advisory support for counter-narcotic enforcement that, to date, has resulted in the interdiction of over US$250 million in precursor chemicals and implementing the region’s first use of Raman spectroscopy to degrade the supply chain for narcotics production. He was also part of a special specialized counter-narcotics unit operating in the jungles of South America tasked with locating and destroying drug labs and narcotic supply chains. Michael is a graduate of the United States Ranger Training Battalion and has a master’s degree in interdisciplinary technology and management from the University of Eastern Michigan. Contact him at michael.brown@rigaku.com
NEXT: In this episode of the Policing Matters podcast, host Jim Dudley speaks with retired DEA agent Mike Brown, who has dedicated over 32 years to fighting drug trafficking. The discussion centers around the escalating crisis of fentanyl addiction and overdose deaths in the United States, highlighting the challenges faced by law enforcement and the need for improved bilateral cooperation and innovative strategies to combat the issue.