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After President Donald Trump announced that he was designating the leftist agitation group Antifa as a terrorist organization in the wake of the assassination of Charlie Kirk, one expert said the president has “powerful” tools at his disposal to dismantle the group.
Michael Balboni is an attorney and former member of the New York State Assembly and Senate. During his time in office, he chaired the state senate’s Homeland Security Committee, and was later appointed to the state’s Domestic Terrorism Task Force under Governors Andrew Cuomo and Kathy Hochul.
U.S. terrorism laws under the Immigration and Nationality Act only apply to foreign groups, so there is no federal statute for prosecuting domestic organizations as terrorists. Trump still has a tool available to combat Antifa, though, in the form of the Racketeer Influenced and Corrupt Organizations Act (RICO).

Multiple groups, including Rose City Antifa and the Proud Boys protest in downtown Portland, Ore., Saturday, June 29, 2019. (Dave Killen/The Oregonian via AP)
“But, you know what I think the president is trying to do is trying to point out, in his own words, these are agitators, professional agitators that are out there and are trying to cause disruptions, and they should be called out for what they are,” Balboni said.
In what would be a long-term fix to control domestic terrorism, Balboni noted that Congress could pass a law against terrorism that includes domestic enemies separately from the anti-terror law in the Immigration and Nationality Act. They could also amend the current law to include domestic terrorists.
Trump announced Wednesday that he would designate Antifa as a “major terrorist organization,” adding that he will be “strongly recommending” that those responsible for funding Antifa be investigated “with the highest legal standards and practices.”

President Donald Trump announced Antifa would be designated as a terrorist organization on Wednesday via Truth Social. (@realDonaldTrump via Truth Social)
Trump announced the designation a week after Charlie Kirk, a conservative titan and champion of open debate, was shot and killed on Sept. 10 at Utah Valley University during the first stop on his “American Comeback Tour.”
The suspect, Tyler Robinson, had been “radicalized” as he became more political and lurched to the left, according to his family members.