Confronting Racially and Ethnically Motivated Terrorism: A Call To Designate Foreign White Identity Extremist Groups Under U.S. Federal Law


September 1, 2020

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The September 11, 2001 terrorist attacks shook the United States to its core. “Despite all [of] the warnings of the looming terrorist threat,” the United States was caught unprepared. In the years that have followed, the counterterrorism narrative has shifted from “what if” to “what next.” However, once again, despite all of the warnings, another threat has emerged, accounting for the significant majority of terrorism-related deaths since September 11, 2001: racially/ethnically motivated violent extremism (RMVE), particularly white identity extremism.

Although this threat is typically thought of in the context of domestic terrorism, worldwide, white identity extremists are increasingly militarizing, training, organizing, recruiting, information-sharing, embracing violent tactics, and forming global networks of membership in a way consistent with foreign Islamic extremists both prior to and following September 11, 2001. Despite these key similarities warranting the employment of similar enforcement mechanisms, the U.S. government’s efforts to combat foreign white identity extremist groups have been out of step with the rise, transnational growth, and domestic influence of these groups. To adequately meet this threat and to undermine the narrative that race or religion plays a role in counterterrorism enforcement, when the requisite criteria are met, U.S. leadership should designate foreign white identity extremist groups as Foreign Terrorist Organizations (FTOs), pursuant to § 219(a)(1) of the Immigration and Nationality Act (INA), codified as amended at 8 U.S.C. § 1189(a)(1), and Specially Designated Global Terrorists (SDGTs), pursuant to Executive Order 13224, as amended by Executive Order 13886. This approach is consistent with First Amendment protections and statutory grants of authority and allows the U.S. government to utilize effective and appropriate counterterrorism tools such as 18 U.S.C. § 2339B (providing “material support or resources” to an FTO).