US-Iran Tensions: Can Trump Actually Declare the Strait of Hormuz a US Territory?


This story, titled "Trump threatens to make the Strait of Hormuz a US territory: Can he?" First published on Al Jazeera English and was retrieved from its original source on August 16, 2026.
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President Donald Trump recently stated that he plans to designate the Strait of Hormuz as a United States territory "pretty soon," as a military and diplomatic deadlock persists over the crucial global shipping chokepoint where a fifth of the world's oil and gas passes. Speaking at a police academy in Garden City, New York, Trump claimed that the US naval blockade already effectively makes the strait American territory, boasting that no ships get through unless authorized. Iran swiftly dismissed the remarks as "nonsense," with officials emphasizing that the waterway belongs to Iran and Oman.
The ongoing war, which began on February 28, has featured a pattern of intense military rhetoric from Trump followed by eleventh-hour pullbacks. Iran's Deputy Foreign Minister Kazem Gharibabadi strongly condemned the threats, stating that the strait cannot be seized by a tweet or an aircraft carrier. Meanwhile, Tehran has been holding talks with Oman to reach a settlement on maritime traffic management, while Foreign Minister Abbas Araghchi maintains that the reopening of the waterway is tied to US concessions, including the removal of the naval blockade and sanctions, stemming from a June memorandum of understanding that expires on Sunday.
Legal and constitutional experts point out that Trump's claim is neither practical nor legally sound. Bruce Fein, associate deputy attorney general under President Ronald Reagan, noted that a US president lacks the constitutional authority to annex territory unilaterally without a treaty ratified by the Senate or a statute. Natalie Klein, a specialist in international law at the University of New South Wales, Sydney, explained that such a claim would only have plausibility under international law if the US were an occupying power with military control over Iran or its coastal areas.
Domestically, Trump's war on Iran faces low approval ratings, with barely 35 percent of Americans supporting the conflict ahead of November's midterm elections. The administration is reportedly facing shortages of munitions like Patriot antimissile interceptors, while petrol prices have climbed above $4 a gallon. Vice President JD Vance noted that controlling rising petrol prices is the administration's top priority. Paul Musgrave, an associate professor of government at Georgetown University in Qatar, suggested that Trump's statements are largely theatrical moves aimed at his domestic base rather than legally feasible actions, demonstrating his determination not to back down in the months-long conflict.
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