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Fact check: What are the criteria for designating a group as a terrorist organization in the US?

Checked on September 18, 2025

1. Summary of the results

The criteria for designating a group as a terrorist organization in the US, as stated by the official US government website [1], include: [2] it must be a foreign organization, [3] the organization must engage in terrorist activity or retain the capability and intent to engage in terrorist activity, and [4] the organization's terrorist activity must threaten the security of US nationals or the national security of the United States. This is further supported by analyses from other sources, including [1] and [1], which reiterate these criteria. Additionally, the designation of a group as a Foreign Terrorist Organization (FTO) is made by the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, and is based on a detailed administrative record that demonstrates the statutory criteria for designation have been satisfied [1]. However, there are also reports of President Trump's announcement to designate Antifa as a terrorist organization [5] [6] [7], which has raised questions about the legality and enforcement of such a designation, particularly given the amorphous nature of Antifa supporters [7].

2. Missing context/alternative viewpoints

Some sources, such as [8], provide alternative viewpoints on the designation of terrorist organizations, highlighting the potential for unjust and discriminatory targeting of applicants for immigration benefits. This source also mentions the three-part classification system of Tier I, Tier II, and Tier III terrorist organizations, which is not discussed in other analyses [8]. Furthermore, Executive Order 13224 provides a means to disrupt the financial support network for terrorists and terrorist organizations, and outlines the designation criteria, process, and effects of designation under the Executive Order [9]. Critics have also raised concerns about the potential for First Amendment violations in designating a domestic group as a terrorist organization, as the US Constitution lacks a specific statute that would allow it to do so [7]. These alternative viewpoints and additional context are crucial in understanding the complexities surrounding the designation of terrorist organizations in the US.

3. Potential misinformation/bias in the original statement

The original statement may be considered incomplete, as it does not account for the complexities and nuances surrounding the designation of terrorist organizations in the US. Some sources, such as [5] and [6], may be seen as biased towards reporting on President Trump's announcement to designate Antifa as a terrorist organization, without providing sufficient context or information on the specific criteria used for this designation. Additionally, the lack of discussion on the potential consequences and implications of designating a domestic group as a terrorist organization may be seen as a form of misinformation or omission. The US government and law enforcement agencies may benefit from the designation of certain groups as terrorist organizations, as it allows them to disrupt and prosecute terrorist activities. However, critics and advocacy groups may argue that such designations can be used to suppress dissent and target marginalized communities, highlighting the need for careful consideration and transparency in the designation process [8] [7] [1] [5] [6] [8] [9] [7].

Want to dive deeper?
What is the process for adding a group to the US Foreign Terrorist Organization list?
How does the US State Department determine which groups to designate as terrorist organizations?
What are the consequences for a group designated as a terrorist organization in the US?
Can a group appeal its designation as a terrorist organization in the US?
How does the US definition of terrorism differ from international definitions?