The question of whether Mexican cartels can face civil lawsuits in U.S. federal courts is complex and involves multiple legal, political, and practical considerations. While there is no straightforward precedent for suing cartels directly in U.S. civil courts, recent developments suggest evolving legal strategies and government actions that could influence this area.
Mexican cartels, such as the Sinaloa Cartel, have been designated by the U.S. government as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs). This designation, made official in early 2025, has expanded the U.S. Department of Justice’s (DOJ) authority to pursue civil forfeiture actions and other legal measures against cartel assets and operations. The DOJ has used broad civil forfeiture powers, including terrorism forfeiture statutes, to seize massive quantities of precursor chemicals and other resources linked to cartel activities. This shows a shift toward using civil legal tools to disrupt cartel operations financially and logistically, even if direct civil lawsuits against the cartels themselves remain rare or untested in federal courts.
However, suing cartels in civil court presents significant challenges. Cartels are criminal organizations operating primarily outside U.S. jurisdiction, making service of process, enforcement of judgments, and discovery difficult. Moreover, the Protection of Lawful Commerce in Arms Act (PLCAA) and other legal protections can shield certain parties, such as U.S. gun manufacturers, from liability related to cartel violence, as seen in the Supreme Court’s 2025 ruling rejecting Mexico’s attempt to hold U.S. gun manufacturers liable for trafficking guns to cartels. This ruling highlights the difficulty of establishing civil liability for harms caused by cartel-related activities, especially when those harms occur outside the U.S. or involve complex chains of causation.
On the other hand, civil lawsuits have been filed in federal courts related to cartel activities, often targeting entities indirectly connected to cartels or focusing on specific harms within the U.S. For example, class-action lawsuits have been brought against government agencies for immigration enforcement practices linked to cartel-related migration issues. These cases show that while direct lawsuits against cartels themselves are rare, related civil litigation addressing cartel impacts is possible.
Mexican authorities have also faced challenges in prosecuting cartel members due to legal protections like the amparo, which defendants use to delay extraditions and trials. This has led to alternative approaches such as expelling suspects under national security laws rather than relying solely on traditional judicial processes. The interplay
