In his early hours in office, President Donald Trump enacted several executive orders outlining his administration’s strategy to label specific cartels and criminal organizations as terrorist groups, activate the Alien Enemies Act for their removal, and seek military assistance for border security.

Although the specifics of these plans are not yet clear, former officials from the Department of Homeland Security and experts have suggested that identifying cartels and gang members—like the Venezuelan street gang Tren de Aragua—as terrorists could allow immigration officials to target individuals from those nations. Additionally, military involvement in border security might conflict with existing laws and protocols, they warned.

Jerry Robinette, a former head of Homeland Security Investigations in San Antonio under presidents George W. Bush and Barack Obama, noted that it is still too soon to determine the exact implications of these designations. However, he believes broader powers to target both individuals and their supporting networks could assist federal investigators along the border.

“Such designations give you an edge to advance some of your investigations,” Robinette explained. “You gain a tool that enables actions that may not have been possible before.”

What is the Alien Enemies Act?

The Alien Enemies Act, established in 1798, was primarily designated as a wartime authority to detain or deport identified enemies, according to Katherine Ebright, a legal advisor at the Brennan Center for Justice’s Liberty and National Security Program. Historically, this law was last applied during World War II to intern non-U.S. citizens of Japanese, German, and Italian descent, as stated by the Brennan Center.

Trump mentioned targeting members of crime gangs including Tren De Aragua and the notorious MS 13 gang from El Salvador and Guatemala. However, if the order is broadly defined, it could include any non-U.S. citizen—such as permanent residents, visa holders, or asylum seekers—from the designated countries, Ebright warned.

Historically, specific countries have been labeled as “enemy” during wartime, explaining why Japanese individuals were termed enemy aliens post-Pearl Harbor attack, whereas members of Al Qaeda, lacking a nation, were not after the 9/11 attacks. This would mark the first time a crime gang is declared an enemy without a formal war against a nation.

“It’s unprecedented,” she stated.

What effects will the terrorist organization designation have on cartels?

Michael Brown, a former senior DEA special agent, believes the designation of foreign cartels as terrorist organizations is a long-overdue step.

“They don’t operate like the drug traffickers of the 1970s anymore,” noted Brown, who spent over 30 years at the DEA and is now the global director of counter-narcotics technology at Rigaku Analytical Devices.

“This new designation equips law enforcement and prosecutors with the substantial power they require to pursue not only the cartels but also the domestic entities aiding them,” Brown shared with YSL News.

In his executive order issued on Monday night, Trump didn’t pinpoint any specific cartel or crime group. However, he asserted that cartels “have conducted acts of violence” that destabilized the region and inundated the U.S. with harmful drugs and criminals.

Legally, this order classifies cartels and criminal organizations as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs).

The new classification could assist the U.S. government in dismantling the entire fentanyl supply chain, targeting not only the cartels but also the manufacturers of precursor chemicals, logistics entities, financial systems, and street-level dealers in ways that traditional law enforcement approaches cannot, noted Brown.

This FTO designation permits the U.S. to take more aggressive actions against cartel traffickers, possibly involving military or intelligence operations to eliminate them through drone strikes outside U.S. borders—potentially even across the Mexican border.

“Hypothetically, the president could approve such actions if Mexico does not cooperate in the coming six months to a year. However, it’s likely not something we’d see immediately,” Brown commented.

He pointed out that Mexican President Claudia Sheinbaum has expressed some openness to collaborating with the Trump administration in more aggressively combating cartels.

“If cooperation fails, Trump could, in theory, allow those (cross-border) strikes, and this would not require congressional approval due to the designation of a terrorist organization,” Brown specified.

The terrorist designation may also enable prosecutors to charge U.S.-based accomplices with aiding terrorist organizations, resulting in significantly longer prison sentences, Brown added.

What are the current military operations along the border?

Current military operations on the border involve both troops from the Defense Department and forces from border state governors, although it remains uncertain how Trump’s directives will change their missions.

The Pentagon’s federally deployed troops, barred from direct law enforcement activities, consist of about 2,500 Army Reserve and National Guard members mobilized under presidential command, according to a Pentagon spokesperson speaking to YSL News. This mission commenced during the Trump administration in 2018, reaching a peak of around 7,000 troops when active duty units were added to the mix.

These federally deployed troops assist U.S. Customs and Border Protection staff in logistical support, helicopter operations, data management, and monitoring cross-border activities, thereby allowing law enforcement agents to undertake duties that service members cannot perform, such as patrolling the border and intercepting migrants.

In addition, many National Guard members are engaged in state-directed border enforcement in Texas and Arizona.

Texas’ Operation Lone Star, initiated in March 2021, is overseen by Gov. Greg Abbott and serves as a state-controlled border initiative. The National Guard members under state authority have made arrests, primarily under state trespass laws, and have carried out other law enforcement actions.

The operation reached a high point of approximately 10,000 Texas National Guard members in late 2021, but officials have been tight-lipped about the current troop levels in recent months. Operation Lone Star has also involved small, temporary contingents from 18 other states whose governors chose to support Abbott’s immigration policies.

How will Trump’s actions differ from previous military deployments at the border?

Both the Bush and Obama administrations dispatched thousands of National Guard troops to the U.S.-Mexico border to support border agents. Obama notably deported more people than any other president, exceeding 400,000 annually for three consecutive years, according to the Migration Policy Institute.

During his first term, Trump also deployed National Guard troops. However, this time, the pivotal question is whether these troops will engage in direct migrant apprehension efforts.

Gil Kerlikowske, who served as Customs and Border Protection commissioner from 2014 to 2017, mentioned that his agency regularly utilized both National Guard and active duty military assistance to support Border Patrol agents. However, those military personnel typically undertook supportive roles, such as monitoring surveillance systems or piloting helicopters.

Granting military personnel the authority to apprehend migrants could have unintended repercussions, Kerlikowske cautioned.

“Introducing the possibility of using lethal force is concerning,” he said. “By placing them in such positions, the risk of incidents increases.”

What legal role can the military play in immigration enforcement?

The role of U.S. military personnel at the border is governed by the legal framework under which they operate.

Should Trump insist on a more hands-on involvement from active-duty military, his officials would need to consider the Posse Comitatus Act, which largely restricts federal troops from engaging in civilian law enforcement directly. Reserve troops activated for federal duty—like those currently deployed at the border—fall under the same limitations.

However, Trump could potentially draw upon another legal provision, the Insurrection Act, to explicit orders directing troops to arrest migrants, explained Lindsay Cohn, an associate professor at the U.S. Naval War College specializing in national security affairs.

By invoking the Insurrection Act, “the military could be involved in virtually any capacity,” Cohn stated.

Doris Meissner, a senior fellow at the Migration Policy Institute and former Commissioner of the U.S. Immigration and Naturalization Service, suggested that “the discussions surrounding the Alien Enemies Act and calling upon active military indicate a distinct escalation in military assistance.”

Under certain conditions, National Guard troops can enforce laws without needing the Insurrection Act. The Defense Secretary can allocate funds for Guard units engaged in state-managed “homeland defense” operations.

When Guard units are deployed to border missions under federally-funded state duties, as they were in Trump’s first term, they remain under the authority of their respective governors, as outlined by the Congressional Research Service.

Governors possess the discretion to refuse to deploy troops under this authority—several governors from both parties withdrew troops from the border in 2018 following the controversy surrounding the Trump administration’s family separation policy.

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