The Foreign Terrorist Organization (FTO) List

Congress has shown recurring interest in the administration of the State Department's list of Foreign Terrorist Organizations (FTOs)—one of several terrorism-related lists that the U.S. government maintains for the purpose of imposing financial sanctions, immigration restrictions, or other penalties in pursuit of law enforcement or national security goals. At various times, Members or committees have sought to add suspected terrorist groups to the FTO list, designate drug cartels and transnational criminal groups as FTOs, or revise legislation to allow other entities to be considered as FTOs. Members at times have considered potential costs of adding groups to the list, including for commerce, diplomacy, and humanitarian operations.

Recent Developments. Since the beginning of President Donald Trump's second term, Secretary of State Marco Rubio has identified 11 entities as FTOs, including Mexican cartels and transnational gangs, consistent with Executive Order (E.O.) 14157 of January 20, 2025, on "Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists," and the Houthis, consistent with E.O. 14175 of January 22, 2025, "Designation of Ansar Allah as a Foreign Terrorist Organization." On May 2, Secretary Rubio announced the designation of two Haitian gangs. (See Table 1 for a complete list.) All 11 entities are also designated as Specially Designated Global Terrorists (SDGTs), pursuant to E.O. 13224, as amended—a separate counterterrorism sanctions program.

Legislative Origins

Congress first established the statutory process for designating FTOs in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA; P.L. 104-132). The AEDPA added a new provision to the Immigration and Nationality Act (INA), Section 219 on the "Designation of Foreign Terrorist Organizations" (8 U.S.C. §1189). By designating an entity as an FTO, the U.S. government seeks to limit the group's financial, property, and travel interests. Since the law's enactment in April 1996, Congress has amended Section 219 of the INA three times. The amendments modified the criteria for designation and judicial review of a designation, extended the duration of a designation, and established procedures to review an FTO's designation and amend a designation.

FTO Designation Criteria

Pursuant to Section 219 of the INA, the Secretary of State is authorized to designate an organization as an FTO if such an entity meets three criteria: the suspected terrorist group must (1) be a foreign organization; (2) engage in "terrorist activity," "terrorism," or retain the capability and intent to engage in terrorist activity or terrorism; and (3) threaten the security of U.S. nationals or the national defense, foreign relations, or economic interests of the United States.

Section 219 of the INA relies on the definition of "terrorist activity" in Section 212(a)(3)(B) of the INA (8 U.S.C. §1182(a)(3)(B)) and the definition of "terrorism" in Section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (FRAA, P.L. 100-204, as amended; 22 U.S.C. §2656f(d)(2)).

The INA and FRAA definitions place differing emphasis on what might lead to an FTO designation. The INA defines "terrorist activity" to include specific types of violent actions (hijackings, assassinations, etc.). This definition deemphasizes the ideological motivations or goals of the perpetrators of such activities. However, the FRAA approaches the issue from the motivations of the aggressor and the targets of the violent activity. "Terrorism," as defined in the FRAA, is "premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents."

Consequences of Designation

As a result of an entity's designation as an FTO:

• It is unlawful for a person in the United States or subject to the jurisdiction of the United States to knowingly provide "material support or resources" to a designated FTO, pursuant to 18 U.S.C. §2339B.
• Representatives and members of a designated FTO, if they are aliens (non-U.S. nationals) are inadmissible to, and in certain circumstances removable (deportable) from, the United States, pursuant to Section 212(a)(3)(B) of the INA (8 U.S.C. §1182(a)(3)(B)).
• The Secretary of the Treasury may require U.S. financial institutions possessing or controlling any assets of a designated FTO to block all transactions involving those assets, pursuant to Section 219(a)(2)(C) of the INA (8 U.S.C. §1189(a)(2)(C); 31 C.F.R. Part 597).

FTO Revocation Process

According to statute, an organization's status as an FTO may be revoked by an act of Congress or by the Secretary of State. Pursuant to Section 219 of the INA, the Secretary is required to revoke the designation if (1) "the circumstances that were the basis for the designation have changed in such a manner as to warrant a revocation" or (2) "the national security of the United States warrants a revocation." An FTO may petition the Secretary to review its designation; the Secretary of State is required to review each FTO's status at least every five years. An FTO may also seek judicial review regarding its designation.

The FTO List

As of May 2025, the Secretary of State identified 79 entities as current FTOs (see Table 1). Since the FTO list's inception, entities have also been removed from the FTO list (see Table 2).