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Executive Memo:
Candice Penovich
Abstract
The subject of this executive memo is based on gangs their relation to National Security.
Through this memo, it reference US Code Sections that define Domestic Terrorism and Gangs.
The memo explores how terrorists may turn to the use of street gangs for financial means, for and
for transfer of illicit goods. The memo also outlines certain similarities in gangs, cults and
extremist groups and that all have an impact on national security. The final conclusion of this
memo and opinion of the Author is that there are many threats the security of our nation and
viewing violent street gangs as domestic terrorists could help to enhance our nation’s security.
GANGS AS DOMESTIC TERRORISTS 3
The concept of Homeland Security is not necessarily new to the American way of life.
Since the early settlers and the formation of our great country the commitment to protecting life,
property and liberty has been an ongoing exercise. Events such as Native American warfare, civil
wars, the cold war, the civil rights movements have shaped the history of our land. Other
defining moments such as the 1993 World Trade Center bombing and the 1995 Oklahoma City
Bombing were glimpses into the New Era of Homeland Security. The terrorist attack on
September 11, 2001 was a defining moment for the United States (Martin, 2017). Another threat
to the safety and security of our nation that has been present abroad and in American Culture is
that of gangs. The history of street gangs in the United States begins with their emergence on the
East Coast around 1783, as the American Revolution ended (Howell & Moore, 2010).
Within this memo I would like to explore the relationship between Gangs and Homeland
Security. By identifying key points, a main question I ask; should gangs be classified as domestic
In a recent CNN Article, the author posits a similar question. Not specifically identifying
gangs, but exploring domestic terrorism as a real threat. In her article, Rafia points out under
current law the majority of terror prosecutions is brought under the US Code 2339A and 2339B
for Terrorist Material Support. “The failure of this section to include domestic terrorist
threat.” (Zakaria, 2018). Her opinion article implores lawmakers and citizens alike to view both
Upon additional research of the United States Code, there is already mention of domestic
(A) involve acts dangerous to human life that are a violation of the criminal laws of the
kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States”.
The FBI also has identified their first priority as “Protecting the United States from
terrorist attacks”. On their website they also define Domestic terrorism as “Perpetrated by
individuals and/or groups inspired by or associated with primarily U.S.-based movements that
nature.” (Federal Bureau of Investigation, n.d.). The FBI seems close to broadening their scope
of protection to include gangs, as their violent actions are that of socially driven nature.
Gang activity and violence is one of the problems that persists in American culture.
Currently, federal law defines the term “criminal street gang” as “an ongoing group, club,
organization, or association of 5 or more persons— (A) that has as 1 of its primary purposes the
commission of 1 or more of the criminal offenses described in subsection (c); (B) the members
of which engage, or have engaged within the past 5 years, in a continuing series of offenses
described in subsection (c); and (C) the activities of which affect interstate or foreign
GANGS AS DOMESTIC TERRORISTS 5
commerce.” 18 U.S.C. § 521(a) (National Gang Center, 2016). Also according to the National
Gang Center all 50 states and the District of Columbia (DC) have enacted some form of
There are some similarities in the terms and U.S. Codes, but to better equip law
enforcement and prosecutors, the current laws for domestic terrorism and gang activity would
need to be modified to identify that all actions are not solely for the purpose to influence the
policy of government, and to expand the effects to also include small scale destruction of
property. Mirrored wording and terminology would expand the legal arsenal to stop gang
activity.
As threats from abroad have evolved, our current laws and the fight against terrorism has
also evolved. In development of our current anti-terrorism and counterterrorism measures, we are
smarter, stronger and more organized. A few actions such as anti-money laundering acts, the
Anti-Terrorism and Effective Death Penalty Act, the US Patriot Act, and the Freedom Act, have
helped shape our current security to thwart terrorist movements. Because of such measures that
have proven successful over the years, gang activity is now a double edge sword and a threat to
National Security. One on end, the traditional and current threat that gangs present to our nation
are that of drugs, turf-wars, shootings, human trafficking and sex-trade, vandalism, graffiti and
other crimes towards people and property. On the other end is the new threat, terrorists and
extremists groups may now turn to gangs and gang related activity to achieve their goals, or at
least use them as stepping stones to achieve their goals. “For example, some experts warn of
extremist operatives entering the United States via one of the illicit networks specializing in
transporting illicit goods (mostly drugs) and undocumented immigrants across the border.”
Gangs are similar to terrorist organizations in the respect that they have a way of life and
a code that they live by; just as most terrorist groups live by Islamic rule. Gangs and terrorist
organizations also share the same tendency to get in on the inside. Similar to how terrorists in the
9/11 hijackings learned to fly an airplane and the navigation systems of air traffic, gang members
have become members of law enforcement and military to learn policing tactics, military combat
skills and to have an inside man. Terrorists may also start to learn from gangs, since gangs have
been a constant for violent and disruption to America (Tromblay, 2016). Terrorist Organizations
and Gangs have so many overlapping characteristics that it starts to become apparent the need to
view both as real threats to our security. Both the study of gangs and that of radicalized groups
share similar group structure, demographics, marginalization, strength of bond, how and what it
means to the leave a group and the role of prison are all issues that the two have in common
Individuals that have been drawn to join terrorist movements, each have their own
reasons just as when a person is drawn into a cult or a gang. Whether it be by religious
motivations, social motivations or basic human needs. As one researcher explores the
correlation of basic human needs being unmet and gangs being an option to satisfy those needs
identifying the correlation of the basic human needs of physiological, safety, love and belonging,
esteem and self-actualization and the induction into a gang, this highlights another public policy
provide the resources that would serve as better options than joining a gang to satisfy the need
Gangs, cults and extremist groups may also be viewed in the same lens, in that they
attract people, the indoctrination of their beliefs are instilled in the believers and sometimes are
led to violet attacks. One such example of extreme ideologies by a cult group attacking a nation
is that of the Aum Shinrikyo Cult and the Nerve Gas Attack in Japan (Martin, 2017, p. 279).
While not all cults and groups are violent in nature, there may be no advanced warning signs
when a group will turn violent or extreme. Trying to answer the question of when does the
assembly of two or more people who have a shared belief become a gang or a cult or an
extremist group is a hard one, especially when the primary reason for trying answer that question
The assembly of a group known as the gang Mara Salvatrucha, commonly referred to as
MS-13 is one of the larger and more violent gangs both at home at internationally. This gang has
been identified throughout the nation as being prevalent in many communities and has absorbed
local cliques, MS-13 is so expansive and many of its members are illegal immigrants (Smith,
2005). The seriousness of national gangs should raise alarm because smaller local gangs will
emulate the culture of national gangs, paralleled to terrorism, where self-racialized individuals
adopt the ideology of larger groups (Tromblay, 2016). The violence committed by groups such
as MS-13 may be just that; violent acts of a street gang. In South America however MS-13 is
now considered a terrorist group (Wilson & Sullivan, 2007). Through their identification of the
different generations of the warfare, Wilson and Sullivan admit that there may be a lack of
evidence to truly link gangs with terrorist groups, but this may be the entry into a new generation
of warfare.
The current era of homeland security was a reaction to the “new terrorism”. If we
continue to follow the same mode of operation of reactive policy making rather than proactive, it
GANGS AS DOMESTIC TERRORISTS 8
might be the arrival of an unfortunate large scale attack on our home turf to finally classify gangs
report similar to the Country Reports on Terrorism. A proposed policy could be to authorize
each state to identify a list of Domestic Terrorist Organizations within their state and the current
known actors within those identified organizations. Fortunately this would not require a start
from scratch method. There are current programs and databases that are already in play to assist
law enforcement to combat gang activity. One such system is RISS - Regional Information
Sharing System, created in 1973 “RISS offers secure information sharing and communications
capabilities, critical analytical and investigative support services, and event deconfliction to
enhance officer safety. RISS supports efforts against organized and violent crime, gang activity,
drug activity, terrorism and violent extremism, human trafficking, identity theft, cybercrime, and
other regional priorities”. (https://www.riss.net/, n.d.). Through such systems like RISS and
National Gang Center, the frameworks and blueprints are there, it is now simply time to craft and
bring to conception the hardline rule of law to this idea. The advantage to working proactively is
that this can be done with view points from all sides, unbiased, unrushed and not through a
A primary argument against this idea of classifying known violent gangs and suspected
gang members as domestic terrorists would be of the restriction of civil liberties and denying a
person their constitutional rights. Also as pointed out in a POLITICO article “a list of banned
domestic terrorist strongly tends to become a tool of state control.” (Jenkins & Daddario, 2017).
Although this could be likened to “McCarthyism” and a list of potential subversives, this new
known violent gangs as domestic terrorist organizations would have a beneficial effect on
National Security and offer law enforcement and prosecutors more tools to fight criminal
activity. It is recognized that terrorists engage in asymmetrical warfare (Martin, 2017) and
utilizing gang and gang activity could be a part of that tactic. Establishing the framework of this
possible new policy while honoring constitutional rights and current laws such as the Human
Rights Act will ultimately be the most successful way to proactively secure our homeland and
Decker, S. H., & Pyrooz, D. C. (2015, February). “I’m down for a Jihad”: How 100 Years of
Gang Research can inform the Study of Terrorism, Radicalization and Extremism.
Doughten, A. M. (n.d.). Differences and Similarities Between Gangs, Cults and Terrorist
Groups.
https://www.fbi.gov/investigate/terrorism
Howell, J. C., & Moore, J. P. (2010, May). History of Street Gangs in the United States. National
Jenkins, B. M., & Daddario, R. C. (2017, November 07). Law and Order: Think Mass Shootings
Are Terrorism? Careful What You Wish For. POLITOCO, pp. 1-9.
Marshall, L. (2017, May 18). Domestic Terrorists, Gang Members have little in common, study
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Smith, K. L. (2005, April 20). Testimony on "Gangs and Crime in Latin America". U.S. House
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Sonterblum, L. (2016). Gang Involvement as a Means to Satisfy Basic Needs. NYU Steinhardt's
Zakaria, R. (2018, October 29). The law needs to catch up with the reality of domestic terrorism.
legal-limitations-rafia-zakaria/index.html