Immigration Article of the Day: The Humanitarian Stowaway by Sarah Hill Rogerson

Abstract

This article traces the history of domestic and international law regarding stowaways, including individuals secreting themselves aboard vessels for pleasure, thrill, terrorism or escape from imminent harm. Noting the evolution of the act of stowing away alongside the development of attempts to prevent and punish it, this article highlights the disproportionate consequences suffered by foreign nationals who stow away to escape harm and trigger harsh immigration penalties that have existed in United States immigration laws for over one hundred years. With refugee populations growing globally at a rapid pace, the article posits that the time has come to rethink how the United States views the act of stowing away for immigration purposes to avoid violating nonrefoulment obligations under international law. As such, the article proposes a new sub-category of individuals stowing away: the “Humanitarian Stowaway” and identifies actions that the United States government could take, short of Congressional action, which could address “necessity-driven extreme migration” and align the law on stowaways with modern international law obligations.

KJ