Secretary of State to designate foreign terrorist organization under INA §219

The Secretary of State is set to designate a foreign organization as a Foreign Terrorist Organization (FTO) under Section 219 of the Immigration and Nationality Act (INA). This designation process involves several steps mandated by law.

Initially, the Secretary of State initiates the proceedings, as only this official has the authority to designate an FTO, although the President can advocate for such action. Following this, an interagency review takes place, where evidence is compiled by various agencies, including the State Department, FBI, CIA, and DHS. The evidence must demonstrate that the organization is foreign, engages in terrorism as defined by U.S. law, and poses a threat to U.S. nationals or security.

Subsequently, the Secretary of State consults with the Attorney General and the Treasury Secretary, coordinating media and legal strategies. Congressional leaders are also informed to ensure alignment with the administration"s messaging. The Secretary must notify Congress at least seven days before the formal designation.

Once the seven-day notification period has elapsed, the designation is published in the Federal Register, marking its legal enforcement. Following this publication, the Treasury Department"s Office of Foreign Assets Control (OFAC) will block assets, the Department of Justice (DOJ) will prosecute for material support, and the Department of Homeland Security (DHS) will add the organization to watchlists.

Image for Secretary of State to designate foreign terrorist organization under INA §219

Indicators of an impending designation include a formal press release from the State Department, the appearance of the group"s name in the Federal Register, and statements from Treasury, DOJ, and DHS regarding sanctions and implications. While the proceedings are classified, the designation itself is public and must be communicated to Congress.

Until these steps are completed, any statements from President Trump regarding designation signify a shift in the administration"s focus rather than an immediate enhancement of legal or financial sanctions.