Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 33 (1993)

Page:   Index   Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

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

Opinion of the Court

aliens physically present in the host country.44 There is no record of any later disagreement with that position. Moreover, the term "refouler" was included in the English version of the text to avoid the expressed concern about an inappropriately broad reading of the English word "return."

Therefore, even if we believed that Executive Order No. 12807 violated the intent of some signatory states to protect all aliens, wherever they might be found, from being transported to potential oppressors, we must acknowledge that other signatory states carefully—and successfully—sought to avoid just that implication. The negotiating history, which suggests that the Convention's limited reach resulted from a deliberate bargain, is not dispositive, but it solidly supports our reluctance to interpret Article 33 to impose obligations on the contracting parties that are broader than the text commands. We do not read that text to apply to aliens interdicted on the high seas.

V

Respondents contend that the dangers faced by Haitians who are unwillingly repatriated demonstrate that the judgment of the Court of Appeals fulfilled the central purpose of the Convention and the Refugee Act of 1980. While we must, of course, be guided by the high purpose of both the treaty and the statute, we are not persuaded that either one places any limit on the President's authority to repatriate aliens interdicted beyond the territorial seas of the United States.

It is perfectly clear that 8 U. S. C. § 1182(f), see n. 27, supra, grants the President ample power to establish a naval blockade that would simply deny illegal Haitian migrants the ability to disembark on our shores. Whether the President's chosen method of preventing the "attempted mass migra-44 The Swiss delegate's statement strongly suggests, moreover, that at least one nation's accession to the Convention was conditioned on this understanding.

187

Page:   Index   Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: October 4, 2007