The US Coast Guard does that frequently. In fact, it did it within the last week or so. As for trying them in court, they are not US citizens. They are foreign nationals operating in international waters with intent of causing deadly harm to our citizens. They have zero claim to being covered by US laws.
RE: As for trying them in court, they are not US citizens. They are foreign nationals operating in international waters with intent of causing deadly harm to our citizens. They have zero claim to being covered by US laws.
I disagree. We have a law, passed by our Congress — The Maritime Drug Law Enforcement Act (MDLEA) is a powerful tool that allows the U.S. to prosecute suspected drug smugglers interdicted in international waters, including Venezuelan nationals, under specific conditions.
The MDLEA applies outside U.S. territory, including the high seas (international waters). If the vessels were stateless or falsely claiming Venezuelan registration, the United States would be fully within its legal rights to arrest and prosecute the occupants under the Maritime Drug Law Enforcement Act (MDLEA).
And there are Precedents — I remember U.S. v. Martinez-Hidalgo (1993).
The courts have consistently upheld that non-citizens tried under the MDLEA are entitled to due process and trial rights. In U.S. v. Martinez-Hidalgo, the Eleventh Circuit ruled that:
“Once a defendant is brought to the United States for trial, he is entitled to the protections of the Constitution.”
This principle has been reaffirmed in numerous MDLEA cases involving Colombians, Hondurans, Dominicans, and others.
These rights include:
Be presumed innocent until proven guilty
Receive a fair and public hearing
Be tried without undue delay.
So while these individuals may not have full constitutional rights abroad, once they are in U.S. custody and facing trial, they are entitled to the same core legal protections as any defendant in the American justice system. We might not like it, but that’s our law. If we don’t like it, let’s repeal it.