The U.S. could designate Mexican drug cartels as terrorist organizations — what would that mean?

The powerful Mexican drug cartel responsible for the kidnapping of four U.S. citizens  — and the death of two of them — could be designated as a Foreign Terrorist Organization by the U.S. 

Secretary of State Antony Blinken said in a hearing in March that the department is considering the designation for the Mexican drug cartels, which could include the Gulf Cartel, the cartel responsible for the attack. The foreign terrorist (FTO) designation has been attracting interest as a tool to use against the cartel in recent years. 

Why is it being considered?

The killing of the two American citizens crossed a “red line,” says Javed Ali, associate professor of practice at the Gerald R. Ford School of Public Policy at the University of Michigan. 

The Mexican drug cartels also traffic fentanyl, which is responsible for soaring opioid deaths in the U.S. — over 70,000 Americans died of synthetic opioid overdoses in 2021, most of them caused by fentanyl that comes from Mexico. Last year, the DEA seized enough fentanyl to kill every American, more than 50 million fentanyl-laced pills and over 10,000 pounds of fentanyl powder, the vast majority of it at the southern border.

Ali thinks now is the right time to designate the cartels as terrorist organizations, arguing that the U.S. is not currently using “all the tools we have” to counter them. 

What makes a group a Foreign Terrorist Organization? 

In order to be labeled an FTO a group or network has to meet three criteria:

• Must be foreign-based
• Engages in terrorist activity
• The terrorist activity threatens U.S. citizens or U.S. national security. 

How many Foreign Terrorist Organizations are there?

There are over 30 groups designated by the State Department, but none operate solely as drug cartels.

What would re-labeling a group as an FTO actually do?

An FTO designation unlocks the option for more foreign sanctions and a material support charge, which makes it much easier to indict someone on lesser charges if affiliated with the terrorist organization. 

“It certainly stigmatizes them,” said Ali. “I would think the last thing a Mexican drug cartel wants is to be labeled by the United States as a terrorist organization. That’s bad for business.”

Does Congress have a role in categorizing a group as an FTO?

The secretary of state makes the designation, in coordination with the attorney general and treasury secretary. Then, it is sent to Congress for review…