US Engaged in Armed Conflict with Narco Traffickers

The White House has notified Congress that the United States is currently involved in an “armed conflict” with narcotraffickers operating primarily in Latin America.

A memo sent to lawmakers last week described the situation as a “non-international armed conflict” with drug traffickers, who are labeled as “illegal combatants.” This follows earlier designations of certain cartels as foreign terrorist organizations, particularly those allegedly transporting drugs near Venezuelan waters. There have also been four US strikes on boats connected to these drug activities in that region.

According to the White House, these military operations are part of a larger national security campaign aimed at addressing what is viewed as a direct threat to the American public. Officials assert that the administration’s legal justification for these actions is solid.

“The President will act according to the laws of armed conflict to safeguard our nation from those attempting to introduce harmful substances into our country, fulfilling his promise to confront the cartel and eliminate these threats,” stated Deputy Chief Anna Kelly.

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The White House officials emphasized that this report was not meant to introduce new information, highlighting that it follows a strike on September 15 against designated terrorist groups following operations in the Caribbean.

Shortly after the memo’s release, a fourth strike targeted a suspected Caribbean trafficker, resulting in four fatalities in international waters off Venezuela’s coast. “This morning a boat loaded with enough drugs to reach American soil was intercepted,” Trump acknowledged in a social media post.

Shift from Law Enforcement to Military Action

This recent memo marks a shift in how the US is handling drug cartels—from traditional law enforcement strategies, which involve arrests and prosecutions, to a military model that permits the use of deadly force and detentions without trial. Similar to the post-9/11 response to terrorism, the administration argues that these drug cartels qualify as “illegal combatants” and thus become legitimate military targets rather than mere criminals.

While the administration maintains that this approach is legally justified, critics caution that it could lead to an expansion of presidential powers.

Legal and Constitutional Concerns

Under Article 2 of the Constitution, the president is authorized to respond to sudden attacks. The Trump administration argues that the drugs responsible for over 100,000 American deaths per year pose an urgent national security risk that justifies their military actions.

Nevertheless, national security attorneys assert that this authority has limits. A law professor from Georgetown stated, “That’s a far cry from permitting a series of ongoing strikes,” stressing that a campaign of this nature constitutes “war” in the constitutional sense, which requires congressional approval.

Irina Tsukerman, a national security lawyer, noted that the administration’s framing suggests a long-term strategy to assert unilateral presidential authority. “He suggests he doesn’t even need to approach Congress since he is simply acting against these illegal combatants, essentially embarking on a long-term military operation,” she explained.

She added that unlike cases with al-Qaeda or ISIS, there isn’t a precedent for using military action against drug cartels. “The president can only continue such strikes for 60 days,” she pointed out. After that, Congress’s approval is necessary, meaning the clock on this military action started ticking with the initial strike on September 2.

Democratic leaders have raised concerns about the extent of these military actions but have yet to initiate efforts to curb them. Senator Chris Murphy from Connecticut remarked that Trump’s advisers seem intent on pushing him toward military engagement, suggesting that the situation in Venezuela is being exaggerated.

Broader Regional Strategy

Pedro Garmendia, Managing Director of the Geopolitical Risk Company, explained that these strikes shouldn’t be viewed as isolated incidents but as part of a far-reaching strategy. “For years, the Venezuelan government has leveraged its relationships with drug traffickers and international terrorist groups like Hezbollah to fortify itself and undermine its opponents,” he stated. This strategy could be seen as an extension of the Bush doctrine, allowing Trump to strengthen control over the Caribbean—the primary drug route—while sending signals to countries like Iran, China, and Russia.

Garmendia argued that by classifying the cartels as non-state combatants, the administration has communicated to Nicolás Maduro’s government that it is not a legitimate authority but a “zombie giant” reliant on foreign and criminal support. “The cartels and gang leaders are essentially part of the government. They are closely intertwined,” he said. “If I were part of Maduro’s administration, I would find that declaration quite alarming.”

He added that Venezuela lacks the means to retaliate against US military strength, asserting that they cannot defend against advanced aircraft.

President Gustavo Petro of Colombia might adopt an anti-imperialist stance in light of US escalation, though he rarely provides substantial support to Maduro.

Garmendia remarked, “The Maduro administration is effectively a drug cartel that has taken control of the entire country. I doubt Lula will take any risks to protect him.”

Tensions Escalate

Trump has also instructed his special envoy to suspend all diplomatic efforts concerning Venezuela, marking a stark shift toward a more hardline approach. Rather than seeking negotiations, the White House appears to be leaning heavily on military force as its main strategy.

Reports indicate that 21 individuals have lost their lives in four operations conducted over the past month, with the US relocating 10 F-35 jets to Puerto Rico for anti-drug missions. The Pentagon is also evaluating strike options within Venezuela itself.

In response, Maduro declared a state of emergency, characterizing the actions as aggressive. Vice President Delcy Rodriguez mentioned that Maduro has authorized “special powers” to act defensively against any US actions.

Legally, the White House contends that the president’s authority permits limited strikes for the moment. However, if Congress does not approve further actions before November, a significant clash could be on the horizon.