Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 11 (1993)

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Cite as: 509 U. S. 155 (1993)

Opinion of the Court

not to modify that order; it remains in effect today. The wisdom of the policy choices made by Presidents Reagan, Bush, and Clinton is not a matter for our consideration. We

priate instructions to the Coast Guard in order to enforce the suspension of the entry of undocumented aliens by sea and the interdiction of any defined vessel carrying such aliens.

. . . . . "(c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast Guard:

"(1) To stop and board defined vessels, when there is reason to believe that such vessels are engaged in the irregular transportation of persons or violations of United States law or the law of a country with which the United States has an arrangement authorizing such action.

"(2) To make inquiries of those on board, examine documents and take such actions as are necessary to carry out this order.

"(3) To return the vessel and its passengers to the country from which it came, or to another country, when there is reason to believe that an offense is being committed against the United States immigration laws, or appropriate laws of a foreign country with which we have an arrangement to assist; provided, however, that the Attorney General, in his unreviewable discretion, may decide that a person who is a refugee will not be returned without his consent. "(d) These actions, pursuant to this section, are authorized to be undertaken only beyond the territorial sea of the United States.

. . . . . "Sec. 5. This order shall be effective immediately.

/s/ George Bush

THE WHITE HOUSE May 24, 1992." 57 Fed. Reg. 23133-23134. Although the Executive Order itself does not mention Haiti, the press release issued contemporaneously explained:

"President Bush has issued an executive order which will permit the U. S. Coast Guard to begin returning Haitians picked up at sea directly to Haiti. This action follows a large surge in Haitian boat people seeking to enter the United States and is necessary to protect the lives of the Haitians, whose boats are not equipped for the 600-mile sea journey.

"The large number of Haitian migrants has led to a dangerous and unmanageable situation. Both the temporary processing facility at the U. S. Naval base Guantanamo and the Coast Guard cutters on patrol are filled to capacity. The President's action will also allow con-

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