WASHINGTON — In a bold and controversial move, President Donald Trump has officially declared the United States in a “non-international armed conflict” with Latin American drug cartels, labeling them as unlawful combatants and terrorist organizations. This declaration, outlined in a memo sent to Congress, justifies recent deadly U.S. military strikes on suspected drug-smuggling boats in the Caribbean and signals a potential expansion of presidential war powers without congressional approval.
The memo, first reported by The New York Times and obtained by multiple outlets including the Associated Press, ABC News, and Fox News, argues that the cartels’ drug trafficking constitutes an “armed attack” on the U.S., killing tens of thousands of Americans annually through overdoses. “The United States has now reached a critical point where we must use force in self-defense and defense of others against the ongoing attacks by these designated terrorist organizations,” the document states. Trump directed the Pentagon to conduct operations against the groups under the law of armed conflict, treating cartel members as targets eligible for lethal force or indefinite detention without trial.
This escalation follows three U.S. military strikes last month on vessels accused of ferrying drugs, primarily from Venezuela. The first, on September 15, destroyed a boat linked to a designated terrorist group, killing three suspected smugglers and incinerating a load of illicit narcotics. Subsequent strikes targeted two more boats, resulting in additional deaths, according to Trump administration statements. President Trump personally shared video footage of one strike on Truth Social, describing it as a strike against “narco-terrorists” attempting to smuggle drugs into America.
The operations mark a dramatic shift from traditional U.S. counter-narcotics efforts, which have relied on the Coast Guard and law enforcement for interdictions. Now, with eight Navy warships and over 5,000 sailors and Marines deployed in the Caribbean—the largest such buildup in recent years—the military is taking a front-line role. Officials claim the vessels were assessed by U.S. intelligence as cartel-affiliated, carrying drugs that “could ultimately kill Americans.” However, the memo does not specify which cartels are targeted, frustrating some lawmakers who received briefings this week.
White House Deputy Press Secretary Anna Kelly defended the actions in statements to multiple news outlets, emphasizing Trump’s fulfillment of campaign promises. “The President acted in line with the law of armed conflict to protect our country from those trying to bring deadly poison to our shores, and he is delivering on his promise to take on the cartels and eliminate these national security threats from murdering more Americans,” Kelly said.
A New Rationale for War Powers?
The declaration draws parallels to the post-9/11 legal framework used against al-Qaida, but without the congressional authorization that backed the Bush administration’s efforts. Legal experts like Matthew Waxman, a former national security official under President George W. Bush and now chair of Columbia Law School’s National Security Law Program, called it a “very far stretch of international law and a dangerous one.” Waxman explained that it removes the need for case-by-case justifications for force, allowing strikes on any cartel-linked vessel, regardless of its direction or location. “All of these vessels that are carrying enemy personnel can be targeted, whether they’re headed towards the United States or not,” he said.
Critics argue this blurs the line between crime and warfare, potentially violating due process rights traditionally afforded to criminals. Human rights groups and lawmakers from both parties have raised alarms about the strikes’ legality, viewing them as an executive overreach. “Drug cartels are despicable, but the Trump administration has offered no credible legal justification, evidence or intelligence for these strikes,” said Sen. Jack Reed (D-R.I.), the top Democrat on the Senate Armed Services Committee.
Democrats on Capitol Hill were particularly caught off guard by the memo, which was transmitted to congressional committees as early as September 18 but briefed in detail this week. One anonymous Capitol Hill official described it as the administration “essentially waging a secret war against secret enemies, without the consent of Congress.” Pentagon briefings to senators and House staffers highlighted the new framework but left questions about congressional oversight unanswered, sources familiar with the discussions said.
Even some Republicans have urged restraint. While Secretary of State Marco Rubio has championed the aggressive stance—stating last month, “Interdiction doesn’t work. What will stop them is when you blow them up, when you get rid of them”—lawmakers across the aisle have pressed for a formal war powers resolution.
Ties to Venezuela and Broader Strategy
The strikes zero in on Venezuela, where President Nicolás Maduro faces U.S. accusations of leading a “narco-terrorism” conspiracy. The administration has slapped a $50 million bounty on Maduro and designated groups like the Venezuelan gang Tren de Aragua as foreign terrorist organizations. Two of the targeted boats originated there, amid claims that Venezuelan cocaine fuels U.S. overdose deaths. Maduro has denied involvement and warned of retaliation against any U.S. aggression.
Trump’s “America First” agenda has long promised a hard line on drugs and immigration, but this military pivot upends decades of U.S. policy favoring non-intervention in Latin America. By designating cartels as terrorists, the administration unlocks tools like financial sanctions and military targeting—powers not typically available for criminal enterprises. Rubio argued this elevates the issue from “law enforcement” to “national security,” enabling broader action.
Yet experts caution that the terrorist label doesn’t automatically greenlight deadly force. “The Foreign Terrorist Organization designation does not typically constitute an authorization to use deadly force and is primarily a tool to restrict financial and material support,” one analyst noted.
What’s Next for Congress and the Cartels?
As the U.S. Navy maintains its Caribbean posture, anticipation builds for more strikes. Waxman predicts escalation, possibly including operations on foreign soil. Lawmakers, including Sen. Marco Rubio (R-Fla.), who has vowed “we’re not going to sit back anymore,” face mounting pressure to debate authorization. Bipartisan calls for transparency grow, with Democrats accusing the administration of exceeding its powers and Republicans split on the risks of unchecked executive action.
The memo’s release Thursday, October 2, 2025, underscores a pivotal moment: Will Congress rein in the president, or will this “armed conflict” redefine how America fights its deadliest import—the flow of drugs that claims over 100,000 lives yearly? For now, the White House insists the steps are lawful and necessary, but the legal and political fallout promises to shape Trump’s second term.