Fentanyl, Narco-Terrorism, and National Security Politics

This Article examines the use of a counterterrorism model to attack the fentanyl crisis. Rather than advocate for or against such a model, this Article envisions what employing a counterterrorism model against international drug traffickers would look like. Noting the dimensions of national security politics that intersect with counter-fentanyl policy, this Article will evaluate three distinct counterterrorism approaches: (1) using criminal counterterrorism statutes in federal indictments and prosecutions; (2) designating drug trafficking organizations as Foreign Terrorist Organizations (FTOs); and (3) authorizing the use of military force against Mexican cartels. While the current state of bellicose national security politics can inform and strengthen legal strategies for countering fentanyl trafficking, it can also obscure the problem’s complexity.

This Article therefore recognizes the challenges to, but also seeks to reconcile, the relationship between counterterrorism law and national security politics in the fight against fentanyl.