- Sale v. Haitian Centers Council
Infobox SCOTUS case
Litigants = Sale v. Haitian Centers Council
ArgueDate = March 2
ArgueYear = 1993
DecideDate = June 21
DecideYear = 1993
FullName = Sale, Acting Commissioner, Immigration and Naturalization Service, et al., Petitioners
v.
Haitian Centers Council, Inc.
USVol = 509
USPage = 155
Citation = 113 S.Ct. 2549
Prior =
Subsequent =
Holding = Neither 243(h) nor Article 33 limits the President's power to order the Coast Guard to repatriate undocumented aliens intercepted on the high seas.
SCOTUS = 1991-1993
Majority = Stevens
JoinMajority = Rehnquist, White, O'Connor, Scalia, Kennedy, Souter, Thomas
Dissent = Blackmun
LawsApplied ="Sale v. Haitian Centers Council", 509 U.S. 155 (
1993 ) is a case in which U.S. Supreme Court ruled that the President's executive order that all aliens intercepted on the high seas could be repatriated and that executive order was not limited by theImmigration and Nationality Act of 1952 or Article 33 of theUnited Nations Convention Relating to the Status of Refugees .Originally, the United States and the Haitian government made an agreement in 1981 to stop all vessels coming to the United States and return any undocumented aliens who were not refugees and would not be harmed upon return.
After a regime change in
Haiti , American policy changed and was interpreted that all undocumented aliens would be sent back unless they landed and made an entry onto the territory of the United States.The case came before the court on
March 2 ,1993 and was decided onJune 21 ,1993 . The 8-1 decision was delivered by JusticeJohn Paul Stevens with JusticeHarry Blackmun dissenting, and overturned a decision of the Second Circuit Court of Appeals.ee also
*
List of United States Supreme Court cases, volume 509 Further reading
*cite journal |last=Jones |first=Thomas David |authorlink= |coauthors= |year=1994 |month= |title="Sale v. Haitian Centers Council, Inc." |journal=The American Journal of International Law |volume=88 |issue=1 |pages=114–126 |doi=10.2307/2204028 |url= |accessdate= |quote=
External links
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=509+&page=155 Full text opinion from Findlaw.com]
* [http://supct.law.cornell.edu/supct/html/92-344.ZS.html Full Text at Cornell Law School]
* [http://www.hccinc.org URL for the current Haitian Centers Council Inc. Website.]
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