Foreign Terrorist Organization

Section 219 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1189, was added by the Antiterrorism and Effective Death Penalty Act of April 24, 1996. It authorizes the Secretary of State to designate an organization as a foreign terrorist organization on finding that "(A) the organization is a foreign organization; (B) the organization engages in terrorist activity... or retains the capability and intent to engage in terrorist activity or terrorism; and (C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States." Seven days before a designation the Secretary must notify congressional leaders "by classified communication," and the designation takes effect on publication in the Federal Register. On notification the Secretary of the Treasury may order financial institutions to block the organization's assets. Designations originally lapsed after two years unless renewed; the Intelligence Reform and Terrorism Prevention Act of 2004 made them effective until revoked. A designated organization may seek review in the Court of Appeals for the District of Columbia Circuit within 30 days.¹

Material Support

The same 1996 act added 18 U.S.C. § 2339B, under which "whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so," faces up to 20 years in prison, or any term up to life if a death results.² Because the designation is limited to foreign organizations, the Justice Department has charged members of domestic networks such as the Terrorgram Collective and 764 under 18 U.S.C. § 2339A, which requires no designation.³ In August 2025 Luke Baumgartner argued in Just Security that it was time to designate The Base, founded by Rinaldo Nazzaro, as a foreign terrorist organization.⁴ A separate civil designation, Specially Designated Global Terrorist under Executive Order 13224, was applied to the Russian Imperial Movement in April 2020 and to the Terrorgram Collective in January 2025.⁵

Cartels

On January 20, 2025, President Donald Trump signed Executive Order 14157, "Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists." It named Tren de Aragua and MS-13 as "other transnational organizations," declared a policy of "the total elimination of these organizations' presence in the United States," directed the Secretary of State to recommend designations under 8 U.S.C. 1189 within 14 days, and directed the Attorney General and the Secretary of Homeland Security to make "operational preparations" for any invocation of the Alien Enemies Act.⁶