Besides the legal questions, who thought this was a good idea? No wonder Howard and Bush are such good friends.
"Refugees are human beings, not products that countries can broker and trade," said Bill Frelick, refugee policy director for the US-based rights group.
"The United States and Australia have signed a deal that bargains with lives and flouts international law."
The mainly Asian refugees intercepted heading for Australia would be considered for resettlement in the United States, while Cuban and Haitian asylum-seekers hoping to live there could be despatched to Australia.