With Puerto Vallarta and the state of Jalisco under siege by the cartels, US policymakers should know that President Donald Trump would be on strong legal footing if he chooses to attack the cartels in Mexico or anywhere else in the world.
Over the past forty years, drug cartels have transported tens of thousands of military-age men across our borders, many of them carrying weapons of mass destruction such as fentanyl or carfentanil. This is not ‘migration’. It is an invasion, and under the Constitution the president has not only the authority but also the obligation to act.
Although the drug cartels are non-state actors, they in fact control roughly a third of Mexican territory, exercising quasi-sovereignty by collecting “taxes,” controlling the movement of people, and intimidating and extorting the government into doing their will.
Trump did what no president could do in decades: He secured the southern border and stopped the massive influx of illegal aliens and dangerous drugs. But should America take a step back and wait for criminals to cross our borders to defend themselves? Of course not. There is plenty of precedent for presidents using the military to target non-state actors abroad who threatened the lives and livelihoods of Americans — even without congressional approval.
A soldier stands guard over a charred vehicle after it was set on fire in Cointzio, Michoacán state, Mexico, Sunday, February 22, 2026, following the death of the leader of the Jalisco New Generation Cartel, Nemesio Rubén Oseguera Cervantes, known as ‘El Mencho’. (AP Photo/Armando Solis)
Shortly after taking office in 1801, President Thomas Jefferson famously sent the Marines “to the coast of Tripoli” to punish pirates who had for years harassed American merchant ships and demanded tribute. Congress was not in session, but Jefferson did not wait for permission or summon them. Despite having a relatively small navy at the time, the new president sent a squadron to the Mediterranean with orders to sink the pirates if necessary. In August 1801, the squadron sank a ship off the coast of Malta without congressional approval. In February 1802, Congress passed an authorization of force, not a declaration of war.
On March 9, 1916, outlaw Pancho Villa’s raiders killed three American citizens and then crossed the border to attack Columbus, New Mexico, killing ten American soldiers, robbing American businesses, and killing another eight civilians. Major Frank Tompkins’ men chased the raiders 15 miles across the Mexican border, killing 100 of them and capturing 30. Villa’s men had previously executed a train car full of American engineers on their way to work in the Mexican mines. The Mexican government consistently proved unable to bring Villa and his men to justice.
President Woodrow Wilson called an emergency Cabinet meeting on March 10. Wilson decided to send the army to northern Mexico, citing an 1882 treaty that allowed “pursuit” across the border. Wilson sent 4,800 soldiers under General John J. “Black Jack” Pershing to Mexico on a “punitive expedition” to track down Villa and his men. Congress showed its approval two days later with a concurrent resolution. The Mexican government protested and even fought back against the army, but ultimately withdrew in the face of American strength.
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Drug cartels have killed far more Americans than the Barbary Pirates of Pancho Villa ever did. As the DEA has said repeatedly, almost all of the drugs that kill Americans today were smuggled across our southern border.
Some liberals and libertarians will likely object that targeting the cartels in Mexico or beyond our borders would violate the War Powers Act, which Congress passed in 1973 over President Nixon’s veto. But even if a court were to uphold the War Powers Act on its merits—which has still never happened—the law only requires the president to notify Congress of an attack within 48 hours and limits an attack to 90 days without congressional authorization.
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Since the WPA took office, presidents of both parties have conducted military operations without congressional authorization around the world – from Haiti to Libya to Bosnia.
Declarations of war have been extremely rare in our history: the last was in 1942. The Founders deliberately gave the president broad and sweeping powers to conduct military operations, after the hardened Articles of Confederation failed to respond to Shay’s Rebellion and the British refusal to remove troops from the newly independent American territory. Presidents must be able to act quickly and decisively to protect Americans from national security threats, and the Founders gave them the tools to do just that.
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Wilson sent 4,800 soldiers under General John J. “Black Jack” Pershing to Mexico on a “punitive expedition” to track down Villa and his men. Congress showed its approval two days later with a concurrent resolution.
After President Trump came to power last January, the military launched Operation Southern Spear, direct attacks on drug-smuggling boats from Venezuela. Like Jefferson’s squad against the Barbary Pirates or Wilson’s “punitive expedition” against Pancho Villa, the Trump administration isn’t waiting for criminals to cross our border — nor should they.
The cartels have been enriching themselves for decades by addicting Americans to deadly drugs, bringing tens of thousands of military-age men to our country and costing hundreds of thousands of American lives. Whether the cartels are on U.S. soil or foreign soil, the president has solid legal grounds to bring them to justice.
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