Limen, 11-12 (2026/1-2), July 2026
Abstract
This article examines the legal and policy foundations of U.S. maritime interdiction and repatriation practices aimed at preventing mass migration crises by sea. Focusing on Haitian migration precedents, executive orders, Supreme Court jurisprudence, and the 1993 Office of Legal Counsel memorandum, it argues that the United States may lawfully repatriate migrants intercepted not only on the high seas but also in U.S. territorial waters without first adjudicating asylum or withholding claims. The article concludes that extending interdiction authority would reduce incentives for dangerous voyages and strengthen crisis prevention.