Trump Declares U.S. in 'Non-International Armed Conflict' with Drug Cartels

President Trump's Declaration

President Donald Trump has formally declared drug cartels to be 'unlawful combatants,' stating that the United States is now engaged in a 'non-international armed conflict' with these organizations. This significant policy shift was communicated to Congress through a sensitive notice to Senate leadership and various congressional committees around October 2, 2025. The administration's stance is that the trafficking of illicit drugs by these groups constitutes an 'armed attack' against the United States, necessitating military action.

Context of Recent Military Operations

The declaration provides a legal framework for recent U.S. military operations in the Caribbean. In September 2025, the U.S. military carried out at least three publicly disclosed strikes against alleged drug smuggling boats in the southern Caribbean Sea. These operations resulted in fatalities, with one strike on September 15 reportedly killing 'approximately 3 unlawful combatants.' At least two of these targeted vessels were believed to have originated from Venezuela. The administration justified these strikes as acts of self-defense.

Designation of Cartels as Terrorist Organizations

Prior to this declaration of armed conflict, the Trump administration had designated several drug cartels and gangs as foreign terrorist organizations (FTOs). These included groups such as Venezuela's Tren de Aragua, Mexico's Sinaloa Cartel, and El Salvador's MS-13. The White House memo indicated that these cartels are 'non-state armed groups' whose actions pose a national security threat. The designation as FTOs allows for increased U.S. law enforcement powers against individuals linked to their activities.

Legal and Congressional Scrutiny

The administration's move has drawn considerable criticism from some lawmakers and legal experts. Critics argue that the declaration represents a dubious legal justification for military action against alleged civilian criminals and an overreach of executive authority. Concerns have been raised regarding the role of Congress in authorizing such military force, as Congress has not specifically authorized the use of military force against drug cartels. The term 'unlawful combatants' was previously used by the George W. Bush administration to describe members of Al Qaeda and other terrorist networks following the September 11, 2001, attacks.