U.S. Lawmakers Eye “Privateer” Authority to Target Cartel Boats Under Proposed Legislation
January 5, 2026 – WASHINGTON — A controversial new proposal being floated in Congress could open the door for private American citizens to legally seize cartel ships and assets on the high seas, reviving a centuries-old constitutional power and sparking debate over enforcement and legality.
A privateer is a private ship owner or seaman authorized by a government’s letter of marque during wartime to attack and capture enemy vessels for profit, blurring lines with piracy but operating legally under state sanction, sharing spoils with the government, and providing states with naval power without direct cost, with notable examples including figures like Sir Francis Drake.
Sen. Mike Lee (R-Utah) introduced legislation late last year that would authorize the president to issue letters of marque and reprisal, a rarely used constitutional authority that historically allowed private citizens — known as privateers — to attack or capture enemy vessels on behalf of the United States. Under the proposed bill, these letters could be extended to target drug cartel ships or other vessels tied to transnational criminal organizations outside U.S. territorial waters.
The concept, rooted in Article I of the Constitution, hasn’t been exercised by the U.S. since the War of 1812, when privateers were commissioned to disrupt British shipping. The current proposal aims to adapt that idea to combat modern maritime trafficking and cartel operations, offering licensed private parties the authority to intercept and seize property from entities the president designates as acting against U.S. interests.
Supporters of the idea argue it could provide a novel, cost-effective tool in the fight against drug smuggling and organized crime without relying solely on military deployments. However, critics warn of serious legal and international law implications, noting that privateering was largely abolished under customary international norms long ago and that such actions risk violating maritime law and provoking diplomatic conflicts.
Experts emphasize that, unless and until Congress enacts clear legislation, private citizens have no legal authority to pursue or attack cartel vessels, and unauthorized actions at sea would constitute piracy under current law.
The bill’s future remains uncertain, as lawmakers debate both its constitutional basis and the risks of sanctioning armed private actors in international waters.
