DEA faced pushback at White House, Pentagon after urging Mexico strikes
The
suggestion, though not acted upon, was met with alarm from
officials who warned that Congress has not authorized such action.
September 19, 2025 The Washington Post
President
Donald Trump, seen here surrounded by senior administration officials
at the White House over the summer, has expressed a desire to strike at
Mexican cartels but so far has refrained from doing so. (John
McDonnell/for The Washington Post)
Drug
Enforcement Administration officials advocated for a series of military
strikes in Mexico earlier this year, alarming some in the White House
and Pentagon and presaging the fraught debate underway in Washington
over the legality of this month’s deadly attacks on alleged drug
traffickers in the Caribbean Sea, people familiar with the matter said.
The
discussion began in the opening weeks of President Donald Trump’s
return to office, after he designated numerous Latin American cartels
and criminal gangs as foreign terrorist organizations. DEA officials
suggested both targeted killings of cartel leadership in Mexico and
attacks on infrastructure there, these people said. Some spoke on the
condition of anonymity to share details of highly sensitive and private
internal deliberations.
The
pushback on DEA’s advocacy, which has not been reported previously,
illustrates the divisions that have arisen as the Trump administration
has taken an aggressive posture toward combating what it says is a major
adversary poisoning American citizens. And though DEA’s proposals for
Mexico have not been acted upon, this month’s strikes on alleged drug
boats from Venezuela show the administration’s determination to unleash
deadly force despite internal legal concerns.
DEA’s
acting administrator at the time of these early conversations, Derek S.
Maltz, told The Washington Post that he is “totally in favor” — and has
been since Trump’s first term as president — “of hitting the production
labs and command control leaders in Mexico.” A career DEA agent before
retiring a decade ago, Maltz was appointed by Trump in January and led the agency until May. Its permanent administrator, Terrance C. Cole, took over in late July.
“The
cartels have killed more Americans than any terrorist organization in
the history of America, so they need to be held accountable,” Maltz
said. He credited the Mexican government under President Claudia
Sheinbaum with “making substantial arrests and seizures and disrupting
the cartels” but said “there must be way more done to stop them.”
“My
position was always to do it collaboratively and cooperatively with
Mexico,” Maltz said, “but at the end of the day America has to stand up
for Americans first.” He added that he supported carrying out drone
strikes on drug labs and had the sense there was “some serious
discussion over the authorities and options” needed to do so. Such
efforts, he said, were not DEA’s area of expertise and required
collaboration with the Pentagon.
In
a statement, DEA officials said the agency would not comment on
“alleged conversations or internal deliberations” occurring before
Cole’s tenure began.
“What
we can say is that under Administrator Cole, DEA remains committed to
supporting the President of the United States and ensuring our mission
is carried out within the framework of the law and in close coordination
with our interagency partners.”
A
spokesperson for Sheinbaum referred questions about the deliberations
to her previous public comments on the issue. The Mexican president has
repeatedly called for the United States to collaborate with her
government and respect its sovereignty, proposed a constitutional
amendment to make it clear that no outside interference is allowed, and
deployed 10,000 Mexican soldiers near its border with the United States
to bolster security.
NBC News reported in April that drone strikes and other military action were under consideration.
Though Trump has repeatedly signaled a desire and willingness
to attack Mexican cartels on their turf, he has refrained from doing so
thus far. Earlier this month, his secretary of state, Marco Rubio,
declared the United States would not need to use lethal force in
“cooperative” countries that proactively advance the administration’s
counternarcotics objectives.
Mexico's president, Claudia Sheinbaum, speaks to the news media in Mexico City on Thursday. (Yuri Cortez/AFP/Getty Images)
DEA’s
suggestion appeared intended to ensure the agency had a seat at the
table as the White House moved quickly to refashion U.S. foreign policy
in the Western Hemisphere, people familiar with the matter said. The
conversations were fairly conceptual and lacked a robust legal
framework, several people said. They just wanted the military to “go get
them’’ — meaning the cartels — “because now we have the [foreign
terrorist] designation,” said one person. “They were drawing analogies
to terror strikes, and that’s not the way it works.”
In
particular, said a second person, “it was not an authorization for the
use of military force. Just because something is labeled a terrorist
organization does not give you the authority to fire anything at them.”
Some
officials at the Pentagon and the White House spent time with DEA
officials explaining the authority conferred by the designation. DEA
officials seemed receptive, several people said.
People
familiar with the matter said that interagency discussions about
cartels have been coordinated by the White House, including in meetings
overseen by White House Deputy Chief of Staff Stephen Miller.
The
DEA proposal prompted some officials at the Pentagon and other agencies
to note there was no applicable congressional authorization on the
books to use military force against drug cartels, people familiar with
the matter said. Some of them also noted that U.S. citizens might be
killed in the process, the people said.
Concerned
officials also cited Title 14 of U.S. law, which grants the Coast Guard
authority to carry out drug interdiction as a law enforcement mission,
including stopping and inspecting vessels, seizing drugs and weapons,
and making arrests in international waters when warranted to protect the
United States. That mission could be expanded under the law, some of
those officials argued, by sending more Coast Guard vessels and Navy
warships with Coast Guard members aboard them to the region.
The
discussion has taken on a new significance following recent military
action in the Caribbean, on Sept. 2 and Sept. 15, against what Trump
administration officials have called Venezuelan “narcoterrorists”
piloting drug boats. The first operation killed 11 people, and the
second one killed three, Trump has said. On Tuesday he disclosed that a
third boat also had been targeted, but the Pentagon and White House have
declined to offer additional details about any of the incidents.
It
is not clear whether the objections raised previously about potential
U.S. strikes in Mexico prompted the administration to pursue a different
approach or if administration officials are still considering strikes
on Mexican cartels.
Trump
on Monday suggested his administration was preparing to take military
action against cartels that move illicit drugs over land as well. He did
not identify specific groups or prospective locations, saying only,
“We’re going to be stopping them the same way we stopped the boats.”
It remains unclear, too, what legal basis the administration has used to conduct its military strikes in the Caribbean.
Sean
Parnell, a spokesman for Defense Secretary Pete Hegseth, said in a
statement that operations carried out in the Caribbean thus far are
“lawful under both U.S. and international law, with all actions in
complete compliance with the law of armed conflict.”
“Lawyers
up and down the chain of command have been thoroughly involved in
reviewing these operations prior to execution, [with] none questioning
their legality and instead advising subordinate commanders and Secretary
Hegseth that the proposed actions were permissible before they
commenced,” Parnell said.
The
Pentagon has not specified the legal basis the administration used to
carry out the strikes, however, or disclosed details about its process,
including to Congress despite lawmakers’ objections. Hegseth’s team
referred questions about DEA’s Mexico proposal back to DEA.
Typically,
such action would receive legal approval from the Pentagon’s Office of
the General Counsel, which since July has been run by Earl G. Matthews,
an attorney and Trump loyalist confirmed by the Senate on a 50-47 party-line vote.
Matthews
has served in several positions under Trump, and he is seen as an
enthusiastic proponent of the president’s agenda, people familiar with
the matter said. Matthews, who did not respond to a request for comment,
pledged to lawmakers during his confirmation hearing that if he
received Senate approval, he would ensure that Trump’s and Hegseth’s
military and policy objectives “are achieved in a manner consistent with
the Constitution and laws of the United States.”
Before
Matthews’s confirmation, the general counsel’s office was run on an
acting basis by Charles L. Young III. Young remains the deputy in the
office and has been nominated by Trump to be the general counsel of the
Army.
The Pentagon in Arlington, Virginia. (Patrick Semansky/AP)
Legal
experts have said Trump’s designation of cartels as foreign terrorist
organizations has no bearing on the application of international law.
Michael Schmitt, a retired Air Force lawyer now working as a law professor at the University of Reading in Britain, said,
“There must be an armed attack or an imminent armed attack before a
state can resort to self defense under international law.”
In
the case of Mexico, there has been a long-running debate over whether
the government there is in an armed conflict with the cartels that would
allow the use lethal force and request assistance from the United
States in doing so. Schmitt said there is a high threshold for declaring
an armed conflict. If that threshold is reached and Mexico requested
assistance, he added, then the provision of lethal force by the United
States would be lawful.
But
Mexico has not requested such assistance, Schmitt said, making it
“difficult to see a legal justification for unilateral lethal strikes
against Mexican cartels by the United States.”
Some
Pentagon officials have voiced internal legal concerns about the
strikes this month and believe they are being ignored by senior
administration officials, people familiar with the matter said, a detail
reported Wednesday by the Wall Street Journal. Parnell has disputed
that is the case, saying the Pentagon “categorically denies” any Defense
Department lawyer has objected.
The
discussion about legal authorities comes as Republicans in Congress eye
legislation that would authorize Trump specifically to strike at the
cartels. One proposal was drafted by Rep. Cory Mills of Florida, and his
office has submitted it to the White House for input, he said in an
interview with The Washington Post.
The
proposal would authorize the military to use “all necessary and
appropriate force against those nations, organizations or persons the
President determines are designated narco-terrorists,” according to
draft language reviewed by The Post. It also broadly defines
narco-terrorist activity as any involvement with controlled substances
that “are linked to terrorism, violence, or threats to national
security, public safety, or international stability.”
Samantha Schmidt in Bogotá, and Tara Copp, Kadia Goba and John Hudson in Washington contributed to this report.