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President Donald Trump has designated drug cartels operating in the Caribbean as “unlawful combatants” and declared that the United States is now engaged in a “non-international armed conflict,” according to an administration memo obtained by The Associated Press.
A U.S. official familiar with the matter, who was not authorized to comment publicly, said Pentagon officials notified Congress of the designation on Wednesday. The move follows three U.S. military strikes last month against suspected drug-smuggling boats in the region, at least two of which originated from Venezuela.
Lawmakers briefed on the decision expressed frustration that Pentagon officials did not provide a list of cartels covered by the designation. Some Democrats argued that the administration was effectively waging a secret war without congressional approval, raising questions about the scope of the president’s war powers.
According to the official, senators viewed the classified briefing as laying out a new legal framework that bypasses the role of Congress in authorizing military action. Both Democrats and Republicans have warned that such operations fall under the War Powers Act, which would require congressional authorization.
The New York Times reported Thursday that the administration’s notice to several congressional committees outlined the legal rationale for the recent strikes, which killed 17 people. The memo said cartel-linked groups were “unlawful combatants” and that their actions amounted to an “armed attack against the United States.”
By invoking international law regarding what is called a “non-international armed conflict,” the administration argued that its anti-cartel campaign constitutes a wartime effort rather than isolated self-defense strikes.
Administration officials pointed to the toll of drug overdoses, about 100,000 American deaths annually, as justification for treating cartels as hostile armed groups.
The notice did not specify which cartels were included or define the criteria for determining links to them. In one case, officials said three men killed on Sept. 15 were deemed “unlawful combatants” based on intelligence connecting their boat to a designated terrorist group and narcotics trafficking.