WASHINGTON — Republican Senator Mike Lee of Utah is floating a proposal to strengthen U.S. border security by sending what he referred to as “pirates” to fight back against cartels. 

What You Need To Know

  • Republican Senator Mike Lee of Utah is floating a proposal to strengthen U.S. border security by sending what he referred to as “pirates” to fight back against cartels
  • In an interview on Fox News on Wednesday, Lee argued that the same clause in the Constitution that grants Congress the power to declare war also allows it to issue letters of marque, which "authorize privateers – pirates, essentially – to carry out acts of piracy, if you will, outside of the United States,” Lee said
  • He went on to note that there are “immense” risks associated with deploying U.S. military personnel and using letters of marque instead can offer an alternative
  • Strengthening U.S. border security and cracking down on immigration is a major priority for President Donald Trump, recently designating eight Latin American cartels as “foreign terrorist organizations"

In an interview on Fox News on Wednesday, Lee argued that the same clause in the Constitution that grants Congress the power to declare war also allows it to issue letters of marque – a government license authorizing those that hold it to engage in privateering.

“Letters of marque authorize privateers – pirates, essentially – to carry out acts of piracy, if you will, outside of the United States,” Lee said, adding that the U.S. would “share in the proceeds” of what they were able to take. 

He went on to note that there are “immense” risks associated with deploying U.S. military personnel and using letters of marque instead can offer an alternative.  

“This is one way that the United States could take on the cartels without actually deploying us military personnel,” Lee said. “Incentivize those who are willing to incur the risk to go down there and deprive them of their assets to return to the United States and receive a reward commensurate with what they are able to seize.” 

Those who were granted a letter of marque in the past were given permission to outfit private warships to sink or capture those from enemy nations, which were then subject to prize law, according to Cornell Law School. 

“This was fairly common at the time of the American Revolution and we ought to consider it and perhaps pass one with reference to international drug cartels,” Lee said. 

The authority, Cornell Law School notes however, has not been exercised in more than two centuries and the Utah Republican acknowledged that its chances of passing Congress are slim. 

“I’m not going to kid you here into thinking that this is a certainty to pass,” Lee said. “What I’m saying is that it should be considered.”  

In a somewhat similar proposal, Reps. Tim Burchett, R-Tenn., and Mark Messmer, R-Ind., introduced a bill , also related to the letter of marque power, to allow Trump to authorize “privately armed actors” to seize the person or property of any cartel member or organization.

Strengthening U.S. border security and cracking down on immigration is a major priority for President Donald Trump, recently designating eight Latin American cartels as “foreign terrorist organizations.”