Garcia-Mir v. Meese

1986),[1] was a decision by the Eleventh Circuit Court of Appeals, which ruled that the United States could indefinitely detain Cuban refugees who had arrived during the 1980 Mariel boatlift.

U.S. Attorney General Edwin Meese, with the approval of President Ronald Reagan, proposed splitting the recent arrivals into two classes: one containing those previously convicted of crimes in Cuba, and another for those Cubans with no criminal records.

Two of the refugees, Moises Garcia-Mir and Rafael Fernandez-Roque, were detained upon their arrival in Florida as possible security threats and held in Atlanta to await possible deportation.

They filed suit in the District Court for Northern Georgia, asserting violations of both the due process clause of the Fifth and Fourteenth Amendments.

In summary, Judge Allgood wrote: "the Mariels have failed to demonstrate the existence of any significant restrictions on the discretion of Executive actors."

[3] In this context, the case holding is summarized as "upholding action of Attorney General authorizing detention of aliens in violation of international law.