Interdiction of illegal aliens

This 1981 executive order authorizes the Coast Guard to stop, board, and return vessels carrying undocumented migrants attempting to reach the U.S. by sea, provided these actions occur outside U.S. territorial waters. It directs the Secretary of State to negotiate cooperative arrangements with foreign governments and requires the Attorney General to ensure fair enforcement of immigration laws and protection of genuine refugees.

46 FR 48109

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Impact dates

Date TBD
Secretary of State to undertake cooperative arrangements with foreign governments

Key directives

Secretary of State shall undertake cooperative arrangements with foreign governments to prevent illegal migration by sea
Secretary of department in which Coast Guard operates shall issue instructions to enforce suspension of entry and interdiction
Coast Guard authorized to stop and board defined vessels with reason to believe irregular transportation occurring
Coast Guard authorized to return vessels and passengers to country of origin, except refugees without consent
Attorney General shall ensure fair enforcement of immigration laws and observance of international obligations regarding genuine refugees

Who is ordered

Timeline

Immediate

Coast Guard authorized to interdict vessels outside U.S. territorial waters
Instructions to be issued to Coast Guard for boarding defined vessels

Near term (90d)

Secretary of State to undertake cooperative arrangements with foreign governments

Long term

Ongoing maritime interdiction program
Continued negotiation of international cooperative arrangements

Risks & tensions

Vague timing: 'undertake to enter into' implies beginning negotiations, not completion deadline
Refugee protection caveat ('no person who is a refugee will be returned without his consent') creates operational tension with interdiction mandate
Extraterritorial application outside U.S. territorial waters raises legal and jurisdictional questions
Dependent on voluntary foreign government arrangements for boarding authority over foreign-flagged vessels