Herod, who opposes repatriation, has thus become its reluctant enabler.
Vietnam, after bad publicity over the one group of boat people forcibly returned from Hong Kong in December, has said it also opposes forcible repatriation.
But the United States strongly opposed such forcible repatriation.
The U.S. has adamantly opposed forced repatriation of the Vietnamese.
Vietnam has said it opposes forced repatriation of its people, declaring it is their "humane right" to chose their place of abode.
That was a breakthrough because the United States has always opposed forcible repatriation of the boat people.
Until now, Vietnam has opposed mandatory repatriation of the refugees, in part because it lacks the money and other resources needed to resettle them.
The United States, which has consistently opposed forced repatriation, "has jeopardized the whole plan," he said, adding that countries now seem to be seeking their own solutions.
Both oppose forced repatriation.
"We oppose forced or mandatory repatriation," the spokeswoman said.