Immigration Consequences of Undocumented Aliens’ Arrival in United States Territorial Waters

Undocumented aliens interdicted within the twelve-mile zone that comprises the United States’s territorial sea are not entitled to a hearing under the exclusion provisions of the Immigration and Nationality Act.

The Immigration and Naturalization Service had the authority to promulgate an interpretative rule construing the “territorial waters” of the United States, as referred to in section 287 of the INA, to extend for twelve nautical miles.