Fighting Narco-Terrorism: Explained Under The Constitution

The United States acts against terrorist organizations through legal authorities, executive action, and congressional oversight. Central to this framework is the 2001 Authorization for Use of Military Force (AUMF), which allows the President to use all “necessary and appropriate force” against those responsible for the September 11th, attacks and associated forces. The AUMF provides the basis for global counterterrorism operations, including military missions, intelligence gathering, and support for allied forces, and has been used against ISIS in Syria and Yemen, establishing legal precedent.

Operations rely on Foreign Terrorist Organization (FTO) designations, assigned by the Secretary of State under 22 U.S.C. §2656f(d). FTOs include groups engaged in international terrorism (attacks targeting U.S. citizens or allies), narco-terrorism (drug trafficking funding terrorism), and transnational organized crime with terror links (cartels or syndicates using violence to influence political or security outcomes). FTO designation makes material support a federal crime under 18 U.S.C. §2339B, allows asset freezes, and authorizes targeted law enforcement or military operations. These powers are reinforced by Executive Order 13224 (2001), enabling sanctions, asset freezes, and interdiction of terrorists and affiliates.

Congressional oversight defines terrorism-related crimes, enacts sanctions through laws such as the PATRIOT Act (2001) and the Foreign Narcotics Kingpin Designation Act (1999), and authorizes or limits operations. In 2021, Congress passed bipartisan sanctions targeting narco-terrorist groups, strengthening U.S. authority to freeze assets and prosecute material supporters. Oversight often occurs behind closed doors to protect intelligence and ensure compliance with constitutional and legal requirements.

Maritime interdictions are another critical tool. Under 21 U.S.C. §§955 and 955a (1986) and Title 46 maritime authority (2006), the President may direct the Coast Guard and Navy to board, seize, or destroy drug vessels in international waters, even when vessels are unflagged or suspected of trafficking. These operations invoke the President’s constitutional powers over foreign affairs, national defense, and law enforcement, often coordinated with congressional authorization for counter-narcotics activities.

In late 2025, a bipartisan, closed-door briefing reviewed classified U.S. military strikes on drug-smuggling boats in the Caribbean, targeting vessels linked to narco-terrorist groups, including Cártel de Sinaloa, CJNG, Cártel del Noreste, and Tren de Aragua. Lawmakers examined operational decisions, legal justification, and sensitive footage, showing executive action, legal authority, and congressional oversight function together under the Constitution.

Recent FTO designations:

Tren de Aragua, 2022

MS‑13, 2001

Cártel de Sinaloa, 2021

CJNG (Cártel Jalisco Nueva Generación), 2015

Cártel del Noreste, 2021

La Nueva Familia Michoacana, 2021

Carteles Unidos, 2021

Gulf Cartel, 2012

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