Could There Be "Modern Pirates" In The U.S? A Legal Analysis Of The 2025 Cartel Marque Authorization Act

The Cartel Marque and Reprisal Authorization Act of 2025 (S. 3567 / H.R. 1238) is a proposed federal bill that would authorize the President of the United States to issue Letters of Marque against drug cartels. If passed, it would allow private entities, including licensed American citizens, to seize cartel property and persons outside U.S. waters, effectively reviving an 18th-century constitutional power to combat modern transnational criminal organizations (TCOs).

What is a Letter of Marque?

To understand this bill, first you need to understand what it means to be issued a Letter of Marque. Under Article I, Section 8, Clause 11 of the U.S. Constitution, Congress has the power to grant these "licenses." Historically, a Letter of Marque transformed a private citizen (a privateer) into a government-sanctioned actor.

Without this license, a private citizen seizing a ship at sea is committing piracy, which is a felony. With this license, that same citizen becomes a "privateer" who is legally authorized to capture enemy property on behalf of the United States. While the U.S. has not used this power since 1812, the authority remains a part of the Constitution.

Who is Targeted by S. 3567 and H.R. 1238?

The proposed law would not grant private citizens a broad license to stop any vessel at sea. The bill targets very specific groups and smuggling operations, with a particular focus on intercepting cartel boats and maritime vessels transporting illicit goods:

• Designated Cartels: Organizations listed in the Executive Order titled "Designating Cartels And Other Organizations As Foreign Terrorist Organizations and Specially Designated Global Terrorists" (dated January 20, 2025).
• Transnational Criminal Organizations: Entities defined under 21 U.S.C. § 2341(5), such as the Sinaloa Cartel or the Jalisco New Generation Cartel (CJNG).
• Aggressors: The President must determine the specific target is a member or conspirator responsible for an "act of aggression" against the United States.

How Would the Privateer Licensing Process Function?

The Act establishes a regulated framework designed to distinguish state-sanctioned operators from common criminals. Crucially, the bill specifies that ordinary American citizens and their businesses can join this effort, provided they meet strict legal criteria and obtain a formal commission. If passed, the process would follow these specific legal steps:

1. Presidential Commission: Under Section 3(a) of the bill, the President is authorized to commission as many "privately armed and equipped persons and entities" as the service may require.
2. Suitable Instructions: These commissions would include specific instructions regarding the rules of engagement and the scope of the mission.
3. Security Bonds: Section 3(b) mandates that no Letters of Marque and Reprisal be issued without the posting of a security bond. The President determines the bond amount, which acts as a financial guarantee that the operator will strictly follow the terms of the commission.
4. Extraterritorial Scope: The authority is explicitly limited to seizures occurring outside the geographic boundaries of the United States and its territories.

How is the "Bounty" Decided? (Prize Law)

A privateer does not get to "find and keep" whatever they take. Instead, they must follow a process called Prize Law. This is a judicial process that ensures the seizure was legal before any money changes hands. All captured property must be brought before a U.S. District Court acting as a "Prize Court."

A judge then reviews evidence to verify cartel affiliation as defined by the statute. If the judge agrees the seizure was legal, the property is "condemned." It is then sold at auction, and the money is split between the privateer (as a reward) and the U.S. Treasury.

What are the International Legal Risks?

Even if this bill becomes U.S. law, it faces a major hurdle: International Law. In 1856, most nations signed the Paris Declaration, which abolished privateering. While the U.S. never signed this treaty, many countries treat it as "customary law", meaning they follow it regardless of individual treaties.

American privateers could potentially be arrested by foreign navies and tried as pirates under the United Nations Convention on the Law of the Sea (UNCLOS). Furthermore, if a privateer accidentally attacks an innocent commercial ship, they arguably do not have sovereign immunity. They can be sued personally for damages, and their security bond would likely be forfeited.

Implications of the 2025 Cartel Marque and Reprisal Authorization Act

The introduction of the Cartel Marque and Reprisal Authorization Act of 2025 signals a potential shift in how the United States intends to disrupt transnational criminal organizations. By authorizing Letters of Marque and Reprisal, Congress is exploring unconventional methods to seize cartel assets and deter aggression outside domestic borders. However, the friction between 18th-century constitutional powers and modern international maritime treaties remains unresolved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.