Federal terrorism charges for alleged members of Tren de Aragua gang.

Federal Terrorism Charges and the Arrest of Tren de Aragua Members

In a significant development in U.S. law enforcement, the Department of Justice has filed its first terrorism-related charges against a member of the Venezuelan gang Tren de Aragua. This move underscores the U.S. government’s evolving strategy to combat transnational criminal organizations by applying anti-terrorism statutes traditionally used against groups like ISIS and al-Qaida.​

Understanding Federal Terrorism Charges

Under U.S. federal law, terrorism-related offenses are primarily governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). This act criminalizes providing material support to foreign terrorist organizations (FTOs), among other offenses. The USA PATRIOT Act further expanded the definition of terrorism to include activities related to domestic terrorism, allowing for broader application of federal statutes.​

Penalties for terrorism-related offenses can be severe. For instance, under 18 U.S.C. § 2339B, individuals convicted of providing material support to a designated FTO can face up to 20 years in prison, with potential life sentences if the support results in death. Additionally, individuals convicted under 18 U.S.C. § 2332b for engaging in a terrorist act transcending national boundaries can face life imprisonment.​

Tren de Aragua: A Transnational Threat

Tren de Aragua, originating from Venezuela, has established a significant presence in the United States, engaging in activities such as drug trafficking, human trafficking, and violent crimes. In February 2025, the Trump administration designated the gang as a foreign terrorist organization, enabling federal agencies to utilize anti-terrorism statutes against its members. ​

The recent arrest of José Enrique Martínez Flores, a high-ranking member of Tren de Aragua, marks a pivotal moment in the U.S. government’s approach to dismantling such organizations. Flores faces charges of conspiring to provide material support to a terrorist group and international cocaine distribution. He was apprehended in Colombia in March 2025 and remains in custody as legal proceedings continue. ​

Implications and Future Outlook

The application of federal terrorism statutes to criminal gangs like Tren de Aragua represents a strategic shift in U.S. law enforcement. By designating such organizations as terrorist entities, authorities gain enhanced legal tools to prosecute members and dismantle their operations. This approach also facilitates international cooperation, as seen in the arrest of Flores in Colombia, highlighting the global effort to combat transnational criminal threats.​

As federal agencies continue to target Tren de Aragua and similar organizations, the legal landscape may evolve, potentially leading to more widespread application of anti-terrorism laws against criminal gangs. This development underscores the U.S. commitment to addressing complex security challenges posed by transnational criminal enterprises.​

Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. He has represented individuals alleged to have been involved in numerous criminal organizations, including, among others, the Bonnano mafia crime family, the Bloods, the Crips, the Apes, MS-13, the Latin Kings, the Trinitarios, Romanian organized crime, Albanian organized crime, and others. If you or a loved one have been accused of federal criminal charges relating to terrorism or organized crime, you should strongly consider contacting him to discuss his legal services.

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US brings first terrorism charges against alleged Venezuelan gang member

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