Trump Declares Cartels ‘Unlawful Combatants’

President Trump has formally declared that drug cartels are “unlawful combatants” and announced that the United States is now engaged in a “non-international armed conflict” following recent U.S. military strikes on vessels in the Caribbean, according to a Trump administration memo obtained by outlets including the Associated Press and the New York Times.

Congress was notified of the designation by Pentagon officials on Wednesday, an AP source confirmed. However, Pentagon officials did not provide lawmakers with a list of which cartels or organizations were officially designated, leaving many frustrated. The announcement comes after the U.S. military carried out three deadly strikes last month against suspected drug-smuggling boats in the Caribbean, at least two of which reportedly originated from Venezuela.

According to the New York Times, the administration told lawmakers that cartels are being treated as “nonstate armed groups” whose actions amount to “an armed attack against the United States.” The memo states: “Based upon the cumulative effects of these hostile acts against the citizens and interests of the United States and friendly foreign nations, the president determined that the United States is in a non-international armed conflict with these designated terrorist organizations.” International law typically uses the phrase “non-international armed conflict” in the context of civil wars.

The administration’s notice only referenced one of the three recent operations — a September 15 strike on a boat the U.S. said was carrying drugs from Venezuela, CNN reported. “Although this strike was limited in scope, U.S. forces remain postured to carry out military operations as necessary to prevent further deaths or injury to American citizens by eliminating the threat posed by these designated terrorist organizations,” the notice read.

Lawmakers in both parties, along with several human rights organizations, questioned the legality of President Trump’s decision. Critics argue the move could represent an overreach of executive authority, in part because the military is being used for what some say are law enforcement functions. By framing the campaign against cartels as an “armed conflict,” the president appears to be asserting extraordinary wartime powers without congressional approval.

Sen. Jack Reed, the top Democrat on the Senate Armed Services Committee, told CNN that the administration “has offered no credible legal justification, evidence, or intelligence for these strikes.” Reed added: “Drug cartels are despicable and must be dealt with by law enforcement. But now, by the President’s own words, the U.S. military is engaged in armed conflict with undefined enemies he has unilaterally labeled ‘unlawful combatants,’ and he has deployed thousands of troops, ships, and aircraft against them. Yet he has refused to inform Congress or the public. Every American should be alarmed that their President has decided he can wage secret wars against anyone he calls an enemy.”

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