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    O-Biden Harris202104140659

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    O-Biden Harris202104140659

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    Aristegui Noticias
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    O-Biden Harris202104140659

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    Foreign Terrorist Organizations

    Mexican drug cartels are “foreign terrorist organizations” under the three-part test
    in Section 219 of the Immigration and Nationality Act, 8 U.S.C. § 1189.

     As the name makes clear, Mexican drug cartels are “foreign organization[s].”
    8 U.S.C. § 1189(a)(1)(A).

     The cartels regularly “engage[ ] in terrorist activity,” id. § 1189(a)(1)(B), which


    is defined to include kidnapping, assassination, and endangerment with
    explosives or firearms, among other unlawful acts, id. § 1182(a)(3)(B)(iii)(II),
    (IV), (V)(b).

     These terrorist activities “threaten[ ] the security of United States nationals or


    the national security of the United States.” Id. § 1189(a)(1)(C).

    o See, e.g., Christopher J. Curran, Spillover: Evolving Threats and


    Converging Legal Authorities in the Fight Against Mexican Drug
    Cartels, 6 HARV. NAT’L SEC. J. 344, 372 (2015) (noting “instances of U.S.
    nationals being killed or injured as a result of cartel violence, both
    within the United States and in Mexico”).

    New tools will be available to the federal government if Mexican drug cartels are
    designated as foreign terrorist organizations under Section 219.

     Providing material support or resources to a foreign terrorist organization is a


    federal crime of extraterritorial jurisdiction, punishable in some cases by life
    imprisonment. See 18 U.S.C. § 2339B.

     Criminal sentences are significantly longer for drug traffickers whose


    activities fund foreign terrorist organizations. See 21 U.S.C. § 960a.

     Any alien who provides material support to a foreign terrorist organization, or


    who serves as a member of one, is statutorily inadmissible. See 8 U.S.C.
    § 1182(a)(3)(B)(i), (iv)(VI)(cc), (vi)(I).

     A financial institution can be made to freeze all assets of a foreign terrorist


    organization. See 8 U.S.C. § 1189(a)(3)(C).

    o This tool may already be available against some members of the


    Mexican drug cartels under the Foreign Narcotics Kingpin Designation
    Act, 21 U.S.C. §§ 1901–1908.

    o That said, the federal government lists the Revolutionary Armed Forces
    of Colombia (FARC) under both Section 219 and the Kingpin Act.

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