The CIA is quietly reviewing its legal authority to use lethal force against Mexican drug cartels, as the Trump administration signals it wants the intelligence agency to take a bigger role in fighting organized crime. While President Trump hasn’t directly ordered strikes, officials say the review is a proactive step to understand what actions are legally possible and what risks they might bring.
This move marks a major shift in how the U.S. might handle cartel violence. Traditionally, drug cartels have been seen as criminal groups, not military threats. But recent policy changes — including labeling certain cartels as foreign terrorist organizations — hint that the administration is leaning toward a more aggressive, counterterrorism-style approach.
CIA lawyers are focused on a key question: what happens if Americans are unintentionally harmed in operations? Unlike strikes in remote parts of the Middle East, these missions would be much closer to U.S. soil, where many U.S. citizens and residents live or travel. That makes the risk of collateral damage — and potential legal blowback — much higher.
Currently, the CIA is already flying surveillance drones over Mexico. These drones could be equipped for lethal missions, but so far, the agency has stuck to intelligence gathering. Any move to strike would need presidential approval and would have to meet strict legal standards, including compliance with the law of armed conflict.
Officials say the CIA is moving cautiously. There’s concern that using tools designed for military targets could spark political fallout or provoke retaliation from cartels, some of which operate inside the U.S. Cartels today are well-armed, deeply organized, and capable of sophisticated operations — a far cry from small-time gangs.
Experts also warn of potential diplomatic consequences. If Mexico allows the CIA to conduct operations within its borders and something goes wrong, it could sour relations or lead Mexico to shut down future cooperation.
One former CIA official said this type of legal review is about protecting the agency and ensuring it’s not caught off guard. The memory of past controversies, like the Bush-era “enhanced interrogation” program, still looms large. In that case, actions taken under legal guidance were later widely condemned, leading to investigations and intense scrutiny.
The intelligence community’s latest threat assessment has, for the first time, prioritized the threat of drug cartels. Still, many current and former officials caution that while serious, the cartels don’t pose an existential threat to the U.S. That makes the stakes even higher when considering the use of lethal force.
The CIA has not commented publicly on the review.
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