In a confidential memo to Congress, President Trump has declared the United States is engaged in a formal “non-international armed conflict” with drug cartels across North and South America. The document, obtained by The New York Times, designates these groups as terrorist organizations and categorizes suspected smugglers as “unlawful combatants.”
The memo states that the President’s actions align with his constitutional duty to protect American interests abroad and advance national security. It claims drug cartels have grown increasingly armed, organized, and violent, with the capability to operate with impunity. The administration argues these groups directly cause tens of thousands of American deaths annually through drug-related violence and overdose crises.
The declaration follows recent U.S. military strikes on Venezuelan drug boats in the Caribbean, which killed 17 individuals, and plans to target drug labs within Venezuela. Officials assert that the cartels’ transnational operations pose a sustained threat to the Western Hemisphere.
Legal experts have criticized the move, with Geoffrey S. Corn, a former Army law-of-war adviser, calling it an “abuse” that stretches legal boundaries. He argued that selling drugs does not constitute hostilities under international law. Anna Kelly, a White House spokesperson, defended the actions as necessary to combat “national security threats” and prevent further American casualties.
The memo emphasizes that the U.S. military is authorized to kill or detain cartel members without trial, citing wartime powers. However, critics highlight discrepancies, noting that fentanyl-linked overdose deaths primarily stem from Mexican cartels, not South American groups. The administration has faced scrutiny over its legal rationale for the strikes.