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By Ewan Palmer
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Private United States citizens could be deployed as "pirates" to tackle Mexican drug cartels under proposals put forward by Republicans.
Tennessee Representative Tim Burchett introduced a bill allowing President Donald Trump to issue letters of marque and reprisal that authorize "privately armed and equipped" citizens to seize property belonging to a cartel on behalf of the U.S. government.
Utah Senator Mike Lee pushed for Congress to issue letters of marque and reprisal to tackle cartels last month on social media and in a recent interview on Fox News.
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Newsweek reached out to Lee and Burchett via email for comment.
Why It Matters
There have been claims that Trump discussed targeting Mexican drug labs with missiles during his first term in the White House. The proposals from Republicans suggest strong measures to combat Mexican drug cartels without engaging in an official act of military aggression against the U.S.'s southern neighbors.
What To Know
A letter of marque and reprisal is a government-issued document that authorizes private citizens to attack foreign ships as an approved act of war, acting as legally approved privateers or "pirates." Congress has the power to issue letters of marque and reprisal under Article I, Section 8, Clause 11 of the U.S. Constitution.
Letters of marque and reprisal were used in the past when naval warfare was common. The letters enabled individuals to attack and seize goods from enemy vessels—often sharing what was taken with the U.S. government. Without approval from these letters, such activities would be considered acts of piracy.
The U.S. government last officially issued a letter of marque and reprisal during the War of 1812, when Congress authorized shipowners to attack British merchant vessels.
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In a series of posts on X, formerly Twitter, on January 27, Lee suggested that letters of marque and reprisal could be a "novel but effective" way to combat Mexican drug cartels without military intervention.
Lee was later asked about his proposal during a Wednesday appearance on Fox News's The Will Cain Show. He said that the same powers Congress has to declare war also allows it to "authorize privateers, or pirates, essentially."
The senator said he is "not going to kid" anyone into thinking that his suggestion will be approved by Congress or Trump, but argued that it should be "considered."
On February 11, Burchett introduced a House bill, the Cartel Marque and Reprisal Reauthorization Act of 2025, allowing Trump to issue marque and reprisal letters to combat "aggression" against the U.S. from cartels.
Josh Blackman, a constitutional law professor at the South Texas College of Law Houston, told Newsweek that the plans are "unlikely" to work.
Several nations outlawed privateering by signing the Paris Declaration of 1856. While the U.S. did not formally sign the declaration, it has adhered to many of its principles since, including the prohibition of privateers.
Republican Texas Representative Lance Gooden called for letters of marque and reprisal to be issued in February 2022 to allow the seizure of yachts and jets belonging to sanctioned Russians amid the country's war on Ukraine.
In September 2001, Texas Representative Ron Paul also called on Congress to grant letters of marque and reprisal to authorize attacks on terrorist groups in the wake of the 9/11 attacks.
What People Are Saying
Senator Mike Lee, on The Will Cain Show: "Privateers, is what they're called. Letters of marque and reprisal are authorized under Article One, Section Eight, Clause 10 of the Constitution—the same clause that gives Congress the power to declare war and also the power to issue these letters of marque.
"Letters of marque authorize privateers, or pirates, essentially, to carry out acts of piracy outside the United States, bringing the spoils back to the United States to share in the proceeds. This is one way that the United States could take on the cartels without actually deploying U.S. military personnel.
"Look, it hasn't happened in a couple of centuries. So I'm not going to kid you here into thinking that this is a certainty to pass. What I'm saying is that it should be considered, and I would love it if Congress were to pass this. I don't think it's something that we ought to take off the table. There are, as you know, immense risks involved with deploying U.S. military personnel. You can minimize some of that with letters of marque."
Tennessee Representative Tim Burchett in a February 13 statement: "They push millions of dollars in fentanyl into our country with no regard for American lives. It's time to get creative about how we face these threats. These cartels present a serious risk to our national security, and this bill would authorize President Trump to commission Americans to help defend our homeland."
Josh Blackman, a constitutional law professor at the South Texas College of Law Houston, told Newsweek: "Congress has not issued letters of marque and reprisal since the War of 1812. I also think there are some international treaties against pirating. This approach seems unlikely to work."
Brian P. McKeon, former U.S. deputy secretary of state for management and resources, Wednesday on X: "Aside from the fact that piracy is universally recognized worldwide as illegal (see also title 18 of the US Code), what a great idea Mike!
What Happens Next
It is unclear how much support Burchett's Cartel Marque and Reprisal Reauthorization Act would receive if the bill ever gets to a House vote.
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