United States v. Alfonso: The Eleventh Circuit's Choice to Follow the Tide of Other Circuits in Deciding What Constitutes The High Seas

Authors

• Jaidin Winsor

Document Type

Case Note

Abstract

In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits that have not yet decided the issue to take a similar approach. The decision in Alfonso may also increase the rate of arrests and seizures in international waters near the coasts of other countries. This is due to the newly established legal certainty of the ability of the United States to constitutionally exercise such jurisdiction. This may further aggravate existing tensions in the area of international relations, given the presently occurring conflict occurring over whether a vessel with a country’s EEZ is exclusively subject to the jurisdiction of that nation. Finally, beyond simply carrying implications for those involved in drug smuggling on a vessel within the high seas, the decision in Alfonso is an indication that other narcotics- related statutes may soon begin to change to accomplish a similar objective. This objective is to increase seizures to confront the frequency that by which narcotics are smuggled internationally. These changes may extend to statutes such as those concerning drones carrying narcotics, even if they are operating more than 250 miles away from the United States coastline, which is the current statutory limit.

First Page

209

Recommended Citation

Jaidin Winsor, United States v. Alfonso: The Eleventh Circuit's Choice to Follow the Tide of Other Circuits in Deciding What Constitutes The High Seas, 31 Ocean & Coastal L.J. 209 (2026).
Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol31/iss1/9