Abstract

The US experienced several migratory events in the 1980s and again in the 1990s where large numbers of migrants, primarily Cubans and Haitians, sought to enter the US by sea. This chapter reviews the history of these migrant flows and describes the changing nature of the flows. It describes the US court decisions and Government policies pertaining to the interdiction programme and the resulting changes in position by the US Government regarding its legal obligations towards interdicted migrants under international and domestic refugee laws. The chapter reveals the relationship between the nationality of the interdicted migrants and the level of protection afforded to the migrants, as well as the relationship between the size of a migrant flow and the level of protection afforded to interdicted migrants. It concludes with a description of the current interdiction programme and a description of how the programme is applied to present day migrant flows. Keywords: Cubans; domestic refugee laws; Haitians; international refugee law; US migrant interdiction practices

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