Jan. 27, 2017
EXECUTIVE ORDER
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PROTECTING THE NATION FROM
FOREIGN
TERRORIST ENTRY INTO THE UNITED STATES
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Immigration and
Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301
of title 3, United States Code, and to protect the American people from
terrorist attacks by foreign nationals admitted to the United States,
it is hereby ordered as follows:
Section 1. Purpose. The
visa-issuance process plays a crucial role in detecting individuals
with terrorist ties and stopping them from entering the United
States. Perhaps in no instance was that more apparent than the
terrorist attacks of September 11, 2001, when State Department policy
prevented consular officers from properly scrutinizing the visa
applications of several of the 19 foreign nationals who went on to
murder nearly 3,000 Americans. And while the visa-issuance
process was reviewed and amended after the September 11 attacks to
better detect would-be terrorists from receiving visas, these measures
did not stop attacks by foreign nationals who were admitted to the
United States.
Numerous foreign-born individuals have been
convicted or implicated in terrorism-related crimes since September 11,
2001, including foreign nationals who entered the United States after
receiving visitor, student, or employment visas, or who entered through
the United States refugee resettlement program. Deteriorating
conditions in certain countries due to war, strife, disaster, and civil
unrest increase the likelihood that terrorists will use any means
possible to enter the United States. The United States must be
vigilant during the visa-issuance process to ensure that those approved
for admission do not intend to harm Americans and that they have
no ties to terrorism.
In order to protect Americans, the United
States must ensure that those admitted to this country do not bear
hostile attitudes toward it and its founding principles. The
United States cannot, and should not, admit those who do not support
the Constitution, or those who would place violent ideologies over
American law. In addition, the United States should not admit
those who engage in acts of bigotry or hatred (including "honor"
killings, other forms of violence against women, or the persecution of
those who practice religions different from their own) or those who
would oppress Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy
of the United States to protect its citizens from foreign nationals who
intend to commit terrorist attacks in the United States; and to prevent
the admission of foreign nationals who intend to exploit United States
immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas
and Other Immigration Benefits to Nationals of Countries of Particular
Concern. (a) The Secretary of Homeland Security, in
consultation with the Secretary of State and the Director of National
Intelligence, shall immediately conduct a review to determine the
information needed from any country to adjudicate any visa, admission,
or other benefit under the INA (adjudications) in order to determine
that the individual seeking the benefit is who the individual claims to
be and is not a security or public-safety threat.
(b) The Secretary of Homeland Security,
in consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the President a report on the
results of the review described in subsection (a) of this section,
including the Secretary of Homeland Security's determination of the
information needed for adjudications and a list of countries that do
not provide adequate information, within 30 days of the date of this
order. The Secretary of Homeland Security shall provide a copy of
the report to the Secretary of State and the Director of National
Intelligence.
(c) To temporarily reduce investigative
burdens on relevant agencies during the review period described in
subsection (a) of this section, to ensure the proper review and maximum
utilization of available resources for the screening of foreign
nationals, and to ensure that adequate standards are established to
prevent infiltration by foreign terrorists or criminals, pursuant to
section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the
immigrant and nonimmigrant entry into the United States of aliens from
countries referred to in section 217(a)(12) of the INA, 8 U.S.C.
1187(a)(12), would be detrimental to the interests of the United
States, and I hereby suspend entry into the United States, as
immigrants and nonimmigrants, of such persons for 90 days from the date
of this order (excluding those foreign nationals traveling on
diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas
for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).
(d) Immediately upon receipt of the
report described in subsection (b) of this section regarding the
information needed for adjudications, the Secretary of State shall
request all foreign governments that do not supply such information to
start providing such information regarding their nationals within
60 days of notification.
(e) After the 60-day period described in
subsection (d) of this section expires, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall submit to
the President a list of countries recommended for inclusion on a
Presidential proclamation that would prohibit the entry of foreign
nationals (excluding those foreign nationals traveling on diplomatic
visas, North Atlantic Treaty Organization visas, C-2 visas for travel
to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries
that do not provide the information requested pursuant to subsection
(d) of this section until compliance occurs.
(f) At any point after submitting the
list described in subsection (e) of this section, the Secretary of
State or the Secretary of Homeland Security may submit to the President
the names of any additional countries recommended for similar treatment.
(g) Notwithstanding a suspension
pursuant to subsection (c) of this section or pursuant to a
Presidential proclamation described in subsection (e) of this section,
the Secretaries of State and Homeland Security may, on a case-by-case
basis, and when in the national interest, issue visas or other
immigration benefits to nationals of countries for which visas and
benefits are otherwise blocked.
(h) The Secretaries of State and
Homeland Security shall submit to the President a joint report on the
progress in implementing this order within 30 days of the date of this
order, a second report within 60 days of the date of this order, a
third report within 90 days of the date of this order, and a fourth
report within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening
Standards for All Immigration Programs. (a) The
Secretary of State, the Secretary of Homeland Security, the Director of
National Intelligence, and the Director of the Federal Bureau of
Investigation shall implement a program, as part of the adjudication
process for immigration benefits, to identify individuals seeking to
enter the United States on a fraudulent basis with the intent to cause
harm, or who are at risk of causing harm subsequent to their admission.
This program will include the development of a uniform screening
standard and procedure, such as in-person interviews; a database of
identity documents proffered by applicants to ensure that duplicate
documents are not used by multiple applicants; amended application
forms that include questions aimed at identifying fraudulent answers
and malicious intent; a mechanism to ensure that the applicant is who
the applicant claims to be; a process to evaluate the applicant's
likelihood of becoming a positively contributing member of society and
the applicant's ability to make contributions to the national interest;
and a mechanism to assess whether or not the applicant has the intent
to commit criminal or terrorist acts after entering the United States.
(b) The Secretary of Homeland Security,
in conjunction with the Secretary of State, the Director of National
Intelligence, and the Director of the Federal Bureau of Investigation,
shall submit to the President an initial report on the progress of this
directive within 60 days of the date of this order, a second report
within 100 days of the date of this order, and a third report within
200 days of the date of this order.
Sec. 5. Realignment of the U.S. Refugee
Admissions Program for Fiscal Year 2017. (a) The
Secretary of State shall suspend the U.S. Refugee Admissions Program
(USRAP) for 120 days. During the 120-day period, the Secretary of
State, in conjunction with the Secretary of Homeland Security and in
consultation with the Director of National Intelligence, shall review
the USRAP application and adjudication process to determine what
additional procedures should be taken to ensure that those approved for
refugee admission do not pose a threat to the security and welfare of
the United States, and shall implement such additional
procedures. Refugee applicants who are already in the USRAP
process may be admitted upon the initiation and completion of these
revised procedures. Upon the date that is 120 days after the date
of this order, the Secretary of State shall resume USRAP admissions
only for nationals of countries for which the Secretary of State, the
Secretary of Homeland Security, and the Director of National
Intelligence have jointly determined that such additional procedures
are adequate to ensure the security and welfare of the United States.
(b) Upon the resumption of USRAP
admissions, the Secretary of State, in consultation with the Secretary
of Homeland Security, is further directed to make changes, to the
extent permitted by law, to prioritize refugee claims made by
individuals on the basis of religious-based persecution, provided that
the religion of the individual is a minority religion in the
individual's country of nationality. Where necessary and
appropriate, the Secretaries of State and Homeland Security shall
recommend legislation to the President that would assist with such
prioritization.
(c) Pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of
Syria as refugees is detrimental to the interests of the United States
and thus suspend any such entry until such time as I have determined
that sufficient changes have been made to the USRAP to ensure that
admission of Syrian refugees is consistent with the national interest.
(d) Pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than
50,000 refugees in fiscal year 2017 would be detrimental to the
interests of the United States, and thus suspend any such entry until
such time as I determine that additional admissions would be in the
national interest.
(e) Notwithstanding the temporary
suspension imposed pursuant to subsection (a) of this section, the
Secretaries of State and Homeland Security may jointly determine to
admit individuals to the United States as refugees on a case-by-case
basis, in their discretion, but only so long as they determine that the
admission of such individuals as refugees is in the national interest
-- including when the person is a religious minority in his country of
nationality facing religious persecution, when admitting the person
would enable the United States to conform its conduct to a preexisting
international agreement, or when the person is already in transit and
denying admission would cause undue hardship -- and it would not pose a
risk to the security or welfare of the United States.
(f) The Secretary of State shall submit
to the President an initial report on the progress of the directive in
subsection (b) of this section regarding prioritization of claims made
by individuals on the basis of religious-based persecution within 100
days of the date of this order and shall submit a second report within
200 days of the date of this order.
(g) It is the policy of the executive
branch that, to the extent permitted by law and as practicable, State
and local jurisdictions be granted a role in the process of determining
the placement or settlement in their jurisdictions of aliens eligible
to be admitted to the United States as refugees. To that end, the
Secretary of Homeland Security shall examine existing law to determine
the extent to which, consistent with applicable law, State and local
jurisdictions may have greater involvement in the process of
determining the placement or resettlement of refugees in their
jurisdictions, and shall devise a proposal to lawfully promote such
involvement.
Sec. 6. Rescission of Exercise of
Authority Relating to the Terrorism Grounds of
Inadmissibility. The
Secretaries of State and Homeland Security shall, in consultation with
the Attorney General, consider rescinding the exercises of authority in
section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism
grounds of inadmissibility, as well as any related implementing
memoranda.
Sec. 7. Expedited Completion of the
Biometric Entry-Exit Tracking System. (a) The Secretary of
Homeland Security shall expedite the completion and implementation of a
biometric entry-exit tracking system for all travelers to the United
States, as recommended by the National Commission on Terrorist Attacks
Upon the United States.
(b) The Secretary of Homeland Security
shall submit to the President periodic reports on the progress of the
directive contained in subsection (a) of this section. The
initial report shall be submitted within 100 days of the date of this
order, a second report shall be submitted within 200 days of the date
of this order, and a third report shall be submitted within 365 days of
the date of this order. Further, the Secretary shall submit a
report every 180 days thereafter until the system is fully deployed and
operational.
Sec. 8. Visa Interview Security.
(a) The Secretary of State shall immediately suspend the Visa
Interview Waiver Program and ensure compliance with section 222 of the
INA, 8 U.S.C. 1202, which requires that all individuals seeking a
nonimmigrant visa undergo an in-person interview, subject to specific
statutory exceptions.
(b) To the extent permitted by law and
subject to the availability of appropriations, the Secretary of State
shall immediately expand the Consular Fellows Program, including by
substantially increasing the number of Fellows, lengthening or making
permanent the period of service, and making language training at the
Foreign Service Institute available to Fellows for assignment to posts
outside of their area of core linguistic ability, to ensure that
non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity
Reciprocity. The
Secretary of State shall review all nonimmigrant visa reciprocity
agreements to ensure that they are, with respect to each visa
classification, truly reciprocal insofar as practicable with respect to
validity period and fees, as required by sections 221(c) and 281 of the
INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country
does not treat United States nationals seeking nonimmigrant visas in a
reciprocal manner, the Secretary of State shall adjust the visa
validity period, fee schedule, or other treatment to match the
treatment of United States nationals by the foreign country, to the
extent practicable.
Sec. 10. Transparency and Data
Collection. (a)
To be more transparent with the American people, and to more
effectively implement policies and practices that serve the national
interest, the Secretary of Homeland Security, in consultation with the
Attorney General, shall, consistent with applicable law and national
security, collect and make publicly available within 180 days, and
every 180 days thereafter:
(i) information regarding the number of foreign nationals
in the United States who have been charged with terrorism-related
offenses while in the United States; convicted of terrorism-related
offenses while in the United States; or removed from the United States
based on terrorism-related activity, affiliation, or material support
to a terrorism-related organization, or any other national security
reasons since the date of this order or the last reporting period,
whichever is later;
(ii) information regarding the number of foreign nationals
in the United States who have been radicalized after entry into the
United States and engaged in terrorism-related acts, or who have
provided material support to terrorism-related organizations in
countries that pose a threat to the United States, since the date of
this order or the last reporting period, whichever is later; and
(iii) information regarding the number and types of acts of
gender-based violence against women, including honor killings, in the
United States by foreign nationals, since the date of this order or the
last reporting period, whichever is later; and
(iv) any other information relevant to public safety and
security as determined by the Secretary of Homeland Security and the
Attorney General, including information on the immigration status of
foreign nationals charged with major offenses.
(b) The Secretary of State shall, within
one year of the date of this order, provide a report on the estimated
long-term costs of the USRAP at the Federal, State, and local levels.
Sec. 11. General Provisions.
(a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department
or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and
does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
DONALD J. TRUMP
### |
March 6, 2017
EXECUTIVE ORDER
- - - - - - -
PROTECTING THE NATION FROM
FOREIGN
TERRORIST ENTRY INTO THE UNITED STATES
By
the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Immigration and
Nationality Act (INA), 8 U.S.C. 1101
et seq., and section 301 of title 3, United States Code, and to
protect the Nation from terrorist activities by foreign nationals
admitted to the United States, it is hereby ordered as follows:
Section
1. Policy and
Purpose. (a) It is the policy of the
United States to protect its citizens from terrorist attacks, including
those committed by foreign nationals. The screening and vetting
protocols and procedures associated with the visa-issuance
process and the United States Refugee Admissions Program (USRAP) play a
crucial role in detecting foreign nationals who may commit, aid, or
support acts of terrorism and in preventing those individuals from
entering the United States. It is therefore the
policy of the United States to improve the screening and vetting
protocols and procedures associated with the visa-issuance process and
the USRAP.
(b) On January 27, 2017, to implement this policy, I issued
Executive
Order 13769 (Protecting the Nation from Foreign Terrorist Entry into
the United States).
(i)
Among
other
actions,
Executive Order 13769 suspended for 90 days the
entry of certain aliens from seven countries: Iran, Iraq, Libya,
Somalia, Sudan, Syria, and Yemen.
These are countries that had already been identified as presenting
heightened concerns about terrorism and travel to the
United States.
Specifically, the suspension applied to countries referred to in,
or
designated under, section 217(a)(12) of the INA, 8 U.S.C.
1187(a)(12), in which Congress restricted use of the Visa Waiver
Program for nationals of, and aliens recently present in, (A) Iraq or
Syria, (B) any country designated by the Secretary of State as a state
sponsor of terrorism (currently Iran, Syria, and Sudan),
and (C) any other country designated as a country of concern
by the
Secretary of Homeland Security, in consultation with the Secretary of
State and the Director of National Intelligence. In 2016, the
Secretary of Homeland Security designated Libya, Somalia,
and Yemen as additional countries of concern for travel purposes, based
on consideration of three statutory factors related to terrorism and
national security: "(I) whether
the presence of an alien
in the country or area increases the likelihood that the alien is a
credible threat to the national security of the United States;
(II)
whether a foreign terrorist organization has a significant presence in
the country or area; and (III) whether the country
or area is a safe haven for terrorists." 8 U.S.C.
1187(a)(12)(D)(ii). Additionally, Members of Congress have
expressed concerns about screening and vetting procedures following
recent terrorist attacks in this country and in Europe.
(ii)
In ordering the temporary suspension of entry described in subsection
(b)(i) of this section, I exercised my authority under Article II of
the Constitution
and under section 212(f) of the INA, which provides in relevant
part:
"Whenever the President finds that the entry of any aliens or of
any class of aliens into the United States would be
detrimental to
the interests of the United States, he may by proclamation,
and for such period as he shall deem necessary, suspend the entry of
all aliens or any class of aliens as immigrants or nonimmigrants, or
impose on the entry of aliens any restrictions he may deem to be
appropriate." 8 U.S.C. 1182(f). Under these
authorities,
I determined that, for a brief period of 90 days, while existing
screening and vetting procedures were under review, the entry into the
United States of certain aliens from the seven identified countries --
each afflicted by terrorism in a manner that compromised
the ability of the United States to rely on normal decision-making
procedures about travel to the United States -- would be detrimental to
the interests of the United States. Nonetheless, I permitted the
Secretary of State
and the Secretary of Homeland Security to grant case-by-case waivers
when they determined that it was in the national interest to do so.
(iii)
Executive Order 13769 also suspended the USRAP for 120 days.
Terrorist
groups have sought to infiltrate several nations through refugee
programs. Accordingly, I
temporarily suspended the USRAP pending a review of our procedures for
screening and vetting refugees. Nonetheless, I permitted the
Secretary
of State and the Secretary of Homeland Security to jointly
grant
case-by-case waivers when they determined that it
was in the national interest to do so.
(iv)
Executive Order 13769 did not provide a basis for discriminating for or
against members of any particular religion. While that order
allowed
for prioritization of
refugee claims from members of persecuted religious minority groups,
that priority applied to refugees from every nation, including those in
which Islam is a minority religion, and it applied to minority sects
within a religion. That order was not motivated
by animus toward any religion, but was instead intended to protect the
ability of religious minorities -- whoever they are and wherever they
reside -- to avail themselves of the USRAP in light of their
particular
challenges and circumstances.
(c) The implementation of Executive Order 13769 has been delayed
by
litigation. Most significantly, enforcement of critical
provisions of
that order has been temporarily halted by court orders
that apply nationwide and extend even to foreign nationals with no
prior or substantial connection to the United States. On
February 9,
2017, the United States Court of Appeals for the Ninth Circuit
declined
to stay or narrow one such order pending the outcome
of further judicial proceedings, while noting that the "political
branches are far better equipped to make appropriate distinctions"
about who should be covered by a suspension of entry or of refugee
admissions.
(d) Nationals from the countries previously identified under
section
217(a)(12) of the INA warrant additional scrutiny in connection with
our immigration policies because the conditions in these
countries present heightened threats. Each of these countries is
a
state sponsor of terrorism, has been significantly compromised by
terrorist organizations, or contains active conflict zones. Any
of
these circumstances diminishes the foreign government's
willingness or ability to share or validate important information about
individuals seeking to travel to the United States. Moreover, the
significant presence in each of these countries of terrorist
organizations, their members, and others exposed to those
organizations increases the chance that conditions will be exploited to
enable terrorist operatives or sympathizers to travel to the United
States. Finally, once foreign nationals from these countries are
admitted to the United States, it is often difficult
to remove them, because many of these countries typically delay
issuing, or refuse to issue, travel documents.
(e) The following are brief
descriptions, taken in part from the Department of State's Country Reports on
Terrorism
2015 (June 2016), of some of the
conditions in six of the previously designated countries that
demonstrate why their nationals continue to present heightened risks to
the security of the United States:
(i) Iran. Iran
has
been designated as a state sponsor of terrorism
since 1984 and continues to support various terrorist groups, including
Hizballah, Hamas, and terrorist groups in Iraq. Iran has also
been
linked to support for al-Qa'ida and has permitted
al-Qa'ida to transport funds and fighters through Iran to Syria and
South Asia. Iran does not cooperate with the United States in
counterterrorism efforts.
(ii) Libya.
Libya
is
an
active combat zone, with hostilities between
the internationally recognized government and its rivals. In many
parts of the country, security and law enforcement functions
are provided by armed militias rather than state
institutions.
Violent extremist groups, including the Islamic State of Iraq and
Syria
(ISIS), have exploited these conditions to expand their presence
in the
country. The Libyan government provides some cooperation with the
United States' counterterrorism efforts, but
it is unable to secure thousands of miles of its land and maritime
borders, enabling the illicit flow of weapons, migrants, and foreign
terrorist fighters. The United States Embassy in Libya suspended
its
operations in 2014.
(iii) Somalia.
Portions
of
Somalia have been terrorist safe havens.
Al-Shabaab, an al-Qa'ida-affiliated terrorist group, has operated in
the country for years and continues to plan and mount operations within
Somalia and in neighboring countries. Somalia
has porous borders, and most countries do not recognize Somali identity
documents. The Somali government cooperates with the
United States in
some counterterrorism operations but does not have the capacity to
sustain military pressure on or to investigate
suspected terrorists.
(iv) Sudan.
Sudan
has
been
designated as a state sponsor of
terrorism since 1993 because of its support for international terrorist
groups, including Hizballah and Hamas. Historically, Sudan
provided
safe havens for al-Qa'ida and other terrorist groups
to meet and train. Although Sudan's support to al-Qa'ida has
ceased
and it provides some cooperation with the United States'
counterterrorism efforts, elements of core al-Qa'ida and ISIS-linked
terrorist groups remain active in the country.
(v) Syria.
Syria
has
been
designated as a state sponsor of
terrorism since 1979. The Syrian government is engaged in an
ongoing
military conflict against ISIS and others for control of portions of
the country. At the same time, Syria continues to support
other terrorist groups. It has allowed or encouraged extremists
to
pass through its territory to enter Iraq. ISIS continues to
attract
foreign fighters to Syria and to use its base in Syria to plot or
encourage attacks around the globe, including in the
United States. The United States Embassy in Syria suspended its
operations in 2012. Syria does not cooperate with the United
States'
counterterrorism efforts.
(vi) Yemen.
Yemen
is
the
site of an ongoing conflict between the
incumbent government and the Houthi-led opposition. Both ISIS and
a
second group, al-Qa'ida in the Arabian Peninsula (AQAP), have exploited
this conflict to expand their presence in Yemen
and to carry out hundreds of attacks. Weapons and other materials
smuggled across Yemen's porous borders are used to finance AQAP and
other terrorist activities. In 2015, the United States Embassy in
Yemen suspended its operations, and embassy staff were
relocated out of the country. Yemen has been supportive of, but
has
not been able to cooperate fully with, the United States in
counterterrorism efforts.
(f) In light of the conditions in these six countries, until the
assessment of current screening and vetting procedures required by
section 2 of this order is completed, the risk of erroneously
permitting entry of a national of one of these countries who intends to
commit terrorist acts or otherwise harm the national security of the
United States is unacceptably high. Accordingly, while that
assessment
is ongoing, I am imposing a temporary pause
on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and
Yemen, subject to categorical exceptions and case-by-case waivers, as
described in section 3 of this order.
(g) Iraq presents a special case. Portions of Iraq remain
active
combat zones. Since 2014, ISIS has had dominant influence over
significant territory in northern and central Iraq. Although
that influence has been significantly reduced due to the efforts and
sacrifices of the Iraqi government and armed forces, working along with
a United States-led coalition, the ongoing conflict has impacted the
Iraqi government's capacity to secure its borders
and to identify fraudulent travel documents. Nevertheless, the
close
cooperative relationship between the United States and the
democratically elected Iraqi government, the strong United States
diplomatic presence in Iraq, the significant presence of United
States forces in Iraq, and Iraq's commitment to combat ISIS justify
different treatment for Iraq. In particular, those Iraqi
government
forces that have fought to regain more than half of the territory
previously dominated by ISIS have shown steadfast determination
and earned enduring respect as they battle an armed group that is the
common enemy of Iraq and the United States. In addition, since
Executive Order 13769 was issued, the Iraqi government has expressly
undertaken steps to enhance travel documentation, information
sharing, and the return of Iraqi nationals subject to final orders of
removal. Decisions about issuance of visas or granting admission
to
Iraqi nationals should be subjected to additional scrutiny to determine
if applicants have connections with ISIS or other
terrorist organizations, or otherwise pose a risk to either
national
security or public safety.
(h) Recent history shows that some of those who have entered the
United States through our immigration system have proved to be threats
to our national security. Since 2001, hundreds of persons
born abroad have been convicted of terrorism-related crimes in the
United States. They have included not just persons who came here
legally on visas but also individuals who first entered the country as
refugees. For example, in January 2013, two Iraqi nationals
admitted to the United States as refugees in 2009 were sentenced to 40
years and to life in prison, respectively, for multiple
terrorism-related offenses. And in October 2014, a native of
Somalia
who had been brought to the United States as a child refugee
and later became a naturalized United States citizen was sentenced to
30 years in prison for attempting to use a weapon of mass destruction
as part of a plot to detonate a bomb at a crowded
Christmas-tree-lighting ceremony in Portland, Oregon. The
Attorney
General has reported to me that more than 300 persons who entered
the United States as refugees are currently the subjects of
counterterrorism investigations by the Federal Bureau of Investigation.
(i) Given the foregoing, the entry into the United States of
foreign
nationals who may commit, aid, or support acts of terrorism remains a
matter of grave concern. In light of the Ninth Circuit's
observation that the political branches are better suited to determine
the appropriate scope of any suspensions than are the courts, and in
order to avoid spending additional time pursuing litigation, I am
revoking Executive Order 13769 and replacing it with
this order, which expressly excludes from the suspensions categories of
aliens that have prompted judicial concerns and which clarifies or
refines the approach to certain other issues or categories of affected
aliens.
Sec.
2. Temporary
Suspension of Entry for Nationals of Countries of Particular Concern
During Review Period.
(a) The Secretary of Homeland Security, in consultation with the
Secretary of State and the Director of National Intelligence, shall
conduct
a worldwide review to identify whether, and if so what, additional
information will be needed from each foreign country to adjudicate an
application by a national of that country for a visa, admission, or
other benefit under the INA (adjudications) in order
to determine that the individual is not a security or public-safety
threat. The Secretary of Homeland Security may conclude that
certain
information is needed from particular countries even if it is not
needed from every country.
(b) The Secretary of Homeland Security, in consultation with the
Secretary of State and the Director of National Intelligence, shall
submit to the President a report on the results of the worldwide
review described in subsection (a) of this section, including the
Secretary of Homeland Security's determination of the information
needed from each country for adjudications and a list of countries that
do not provide adequate information, within 20 days
of the effective date of this order. The Secretary of Homeland
Security shall provide a copy of the report to the Secretary of State,
the Attorney General, and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant
agencies
during the review period described in subsection (a) of this
section,
to ensure the proper review and maximum utilization
of available resources for the screening and vetting of foreign
nationals, to ensure that adequate standards are established to prevent
infiltration by foreign terrorists, and in light of the national
security concerns referenced in section 1 of this order,
I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA,
8 U.S.C. 1182(f) and 1185(a), that the unrestricted entry into the
United States of nationals of Iran, Libya, Somalia, Sudan, Syria,
and
Yemen would be detrimental to the interests of the
United States. I therefore direct that the entry into the United
States of nationals of those six countries be suspended for 90 days
from the effective date of this order, subject to the limitations,
waivers, and exceptions set forth in sections 3 and 12
of this order.
(d) Upon submission of the report described in
subsection (b) of this
section regarding the information needed from each country for
adjudications, the Secretary of State shall request that
all foreign governments that do not supply such information regarding
their nationals begin providing it within 50 days of notification.
(e) After the period described in subsection (d) of
this section
expires, the Secretary of Homeland Security, in consultation with the
Secretary of State and the Attorney General, shall submit
to the President a list of countries recommended for inclusion in a
Presidential proclamation that would prohibit the entry of appropriate
categories of foreign nationals of countries that have not provided the
information requested until they do so or until
the Secretary of Homeland Security certifies that the country has an
adequate plan to do so, or has adequately shared information through
other means. The Secretary of State, the Attorney General, or the
Secretary of Homeland Security may also submit to the
President the names of additional countries for which any of them
recommends other lawful restrictions or limitations deemed necessary
for the security or welfare of the United States.
(f) At any point after the submission of the list described in
subsection (e) of this section, the Secretary of Homeland
Security, in
consultation with the Secretary of State and the Attorney
General, may submit to the President the names of any additional
countries recommended for similar treatment, as well as the names of
any countries that they recommend should be removed from the scope of a
proclamation described in subsection (e) of this section.
(g) The Secretary of State and the Secretary of Homeland Security
shall submit to the President a joint report on the progress in
implementing this order within 60 days of the effective date
of this order, a second report within 90 days of the effective date of
this order, a third report within 120 days of the effective date of
this order, and a fourth report within 150 days of the effective date
of this order.
Sec.
3. Scope and
Implementation of Suspension.
(a) Scope.
Subject to the exceptions set forth in subsection (b) of this
section
and any waiver under subsection (c) of this section, the
suspension of
entry pursuant to section 2 of
this order shall apply only to foreign nationals of the designated
countries who:
(i) are outside
the
United States on the effective date of this order;
(ii) did not have a valid visa at 5:00 p.m., eastern
standard time on January 27, 2017; and
(iii) do not have a valid visa on the effective date of this
order.
(b) Exceptions. The
suspension of entry pursuant to section 2 of this order shall not
apply to:
(i) any lawful
permanent resident of the United States;
(ii) any foreign national who is admitted to or paroled
into the United States on or after the effective date of this order;
(iii)
any foreign national who has a document other than a visa, valid on the
effective date of this order or issued on any date thereafter, that
permits him or her to travel
to the United States and seek entry or admission, such as an advance
parole document;
(iv)
any dual national of a country designated under section 2 of this
order
when the individual is traveling on a passport issued by a
non-designated country;
(v) any
foreign
national traveling on a diplomatic or diplomatic-type visa, North
Atlantic Treaty Organization visa, C-2 visa for travel to the United
Nations, or G-1, G-2, G-3, or G-4 visa;
or
(vi)
any foreign national who has been granted asylum; any refugee who has
already been admitted to the United States; or any individual who has
been granted withholding
of removal, advance parole, or protection under the Convention Against
Torture.
(c) Waivers.
Notwithstanding the suspension of entry pursuant to section 2 of
this
order, a consular officer, or, as appropriate, the Commissioner,
U.S.
Customs and Border Protection
(CBP), or the Commissioner's delegee, may, in the consular officer's or
the CBP official's discretion, decide on a case-by-case basis to
authorize the issuance of a visa to, or to permit the entry of, a
foreign national for whom entry is otherwise suspended
if the foreign national has demonstrated to the officer's
satisfaction
that denying entry during the suspension period would cause undue
hardship, and that his or her entry would not pose a threat to national
security and would be in the national interest.
Unless otherwise specified by the Secretary of Homeland Security, any
waiver issued by a consular officer as part of the visa issuance
process will be effective both for the issuance of a visa and any
subsequent entry on that visa, but will leave all other
requirements for admission or entry unchanged. Case-by-case
waivers
could be appropriate in circumstances such as the following:
(i)
the foreign national has previously been admitted to the United States
for a continuous period of work, study, or other long-term activity, is
outside the United
States on the effective date of this order, seeks to reenter the United
States to resume that activity, and the denial of reentry during the
suspension period would impair that activity;
(ii)
the foreign national has previously established significant contacts
with the United States but is outside the United States
on the effective date of this order for
work, study, or other lawful activity;
(iii)
the foreign national seeks to enter the United States for
significant
business or professional obligations and the denial of entry during the
suspension period would
impair those obligations;
(iv)
the foreign national seeks to enter the United States to visit or
reside with a close family member (e.g., a spouse, child, or parent)
who is a United States citizen,
lawful permanent resident, or alien lawfully admitted on a valid
nonimmigrant visa, and the denial of entry during the suspension period
would cause undue hardship;
(v)
the foreign national is an infant, a young child or adoptee, an
individual needing urgent medical care, or someone whose entry is
otherwise justified by the special
circumstances of the case;
(vi)
the foreign national has been employed by, or on behalf of, the United
States Government (or is an eligible dependent of such an employee) and
the employee can document
that he or she has provided faithful and valuable service to the United
States Government;
(vii)
the foreign national is traveling for purposes related to an
international organization designated under the International
Organizations Immunities Act (IOIA), 22 U.S.C.
288 et seq., traveling for purposes of conducting meetings or
business with the United States Government, or traveling to
conduct
business on behalf of an international organization not designated
under the IOIA;
(viii) the foreign national is a landed Canadian immigrant who
applies for a visa at a location within Canada; or
(ix) the foreign national is traveling as a
United States Government-sponsored exchange visitor.
Sec.
4. Additional
Inquiries Related to Nationals of Iraq. An application by
any Iraqi national for a
visa, admission, or other immigration benefit should be subjected to
thorough review, including, as appropriate, consultation with a
designee of the Secretary of Defense and use of the additional
information that has been obtained in the context of the close
U.S.-Iraqi security partnership,
since Executive Order 13769 was issued, concerning
individuals suspected of ties to ISIS or other terrorist organizations
and individuals coming from territories controlled or formerly
controlled by ISIS.
Such review shall include consideration of whether the applicant has
connections with ISIS or other terrorist organizations or with
territory that is or has been under the dominant influence
of ISIS, as
well as any other information bearing on whether the applicant
may be a threat to commit acts of terrorism or otherwise threaten the
national security or public safety of the United States.
Sec.
5. Implementing
Uniform Screening and Vetting Standards for All Immigration Programs.
(a)
The
Secretary
of
State,
the
Attorney
General, the Secretary of
Homeland Security, and the Director of National Intelligence shall
implement a program,
as part of the process for adjudications, to identify individuals who
seek to enter the United States on a fraudulent basis, who support
terrorism, violent extremism, acts of violence toward any group or
class of people within the United States, or who present
a risk of causing harm subsequent to their entry. This
program shall
include the development of a uniform baseline for screening and
vetting
standards and procedures, such as in-person interviews; a database of
identity documents proffered by applicants to
ensure that duplicate documents are not used by multiple applicants;
amended application forms that include questions aimed at identifying
fraudulent answers and malicious intent; a mechanism to ensure that
applicants are who they claim to be; a mechanism
to assess whether applicants may commit, aid, or support any kind of
violent, criminal, or terrorist acts after entering the
United States;
and any other appropriate means for ensuring the proper collection of
all information necessary for a rigorous evaluation
of all grounds of inadmissibility or grounds for the denial of other
immigration benefits.
(b) The Secretary of Homeland Security, in conjunction with the
Secretary of State, the Attorney General, and the Director of National
Intelligence, shall submit to the President an initial
report on the progress of the program described in subsection (a)
of
this section within 60 days of the effective date of this order, a
second report within 100 days of the effective date of this order, and
a third report within 200 days of the effective date
of this order.
Sec.
6. Realignment
of the U.S. Refugee Admissions Program for Fiscal Year 2017.
(a)
The
Secretary
of
State
shall
suspend
travel of refugees into the
United States under the USRAP, and the Secretary of Homeland Security
shall suspend decisions on applications
for refugee status, for 120 days after the effective date of this
order, subject to waivers pursuant to subsection (c) of this
section.
During the 120-day period, the Secretary of State, in conjunction
with
the Secretary of Homeland Security and in consultation
with the Director of National Intelligence, shall review the USRAP
application and adjudication processes to determine what additional
procedures should be used to ensure that individuals seeking admission
as refugees do not pose a threat to the security and
welfare of the United States, and shall implement such additional
procedures. The suspension described in this subsection shall not
apply to refugee applicants who, before the effective date of this
order, have been formally scheduled for transit by the Department
of State. The Secretary of State shall resume travel of refugees
into
the United States under the USRAP 120 days after the effective date of
this order, and the Secretary of Homeland Security shall resume making
decisions on applications for refugee status
only for stateless persons and nationals of countries for which the
Secretary of State, the Secretary of Homeland Security, and the
Director of National Intelligence have jointly determined that the
additional procedures implemented pursuant to this subsection
are adequate to ensure the security and welfare of the United States.
(b) Pursuant to section 212(f) of the INA, I hereby proclaim that
the
entry of more than 50,000 refugees in fiscal year 2017 would be
detrimental to the interests of the United States, and thus
suspend any entries in excess of that number until such time as I
determine that additional entries would be in the national interest.
(c) Notwithstanding the temporary suspension imposed pursuant to
subsection (a) of this section, the Secretary of State and the
Secretary of Homeland Security may jointly determine to admit
individuals to the United States as refugees on a case-by-case basis,
in their discretion, but only so long as they determine that the entry
of such individuals as refugees is in the national interest and does
not pose a threat to the security or welfare of
the United States, including in circumstances such as the
following:
the individual's entry would enable the United States to conform its
conduct to a preexisting international agreement or arrangement, or the
denial of entry would cause undue hardship.
(d) It is the policy of the executive branch that, to the extent
permitted by law and as practicable, State and local jurisdictions be
granted a role in the process of determining the placement
or settlement in their jurisdictions of aliens eligible to be admitted
to the United States as refugees. To that end, the Secretary of
State
shall examine existing law to determine the extent to which, consistent
with applicable law, State and local jurisdictions
may have greater involvement in the process of determining the
placement or resettlement of refugees in their jurisdictions, and shall
devise a proposal to lawfully promote such involvement.
Sec.
7. Rescission
of Exercise of Authority Relating to the Terrorism Grounds of
Inadmissibility.
The Secretary of State and the Secretary of Homeland Security shall, in
consultation with the Attorney General, consider rescinding the
exercises of
authority permitted by section 212(d)(3)(B) of the INA, 8 U.S.C.
1182(d)(3)(B), relating to the terrorism grounds of inadmissibility, as
well as any related implementing directives or guidance.
Sec.
8. Expedited
Completion of the Biometric Entry-Exit Tracking System.
(a) The Secretary of Homeland Security shall expedite the
completion
and implementation of a biometric entry‑exit tracking system for
in-scope travelers to the United States,
as recommended by the National Commission on Terrorist Attacks
Upon the
United States.
(b) The Secretary of Homeland Security shall submit to the
President
periodic reports on the progress of the directive set forth in
subsection (a) of this section. The initial report shall
be submitted within 100 days of the effective date of this order, a
second report shall be submitted within 200 days of the effective
date
of this order, and a third report shall be submitted within 365 days of
the effective date of this order. The Secretary
of Homeland Security shall submit further reports every 180 days
thereafter until the system is fully deployed and operational.
Sec.
9. Visa
Interview Security. (a) The Secretary of State
shall immediately suspend the Visa Interview Waiver Program and ensure
compliance with section 222 of the INA, 8 U.S.C. 1202, which
requires
that all individuals seeking a nonimmigrant
visa undergo an in-person interview, subject to specific statutory
exceptions. This suspension shall not apply to any foreign
national
traveling
on a diplomatic or diplomatic-type visa, North Atlantic Treaty
Organization visa, C-2 visa for travel to the United Nations, or G-1,
G-2, G-3, or G-4 visa; traveling
for purposes related
to an international organization designated under the IOIA; or
traveling for purposes of conducting meetings or business with the
United States Government.
(b) To the extent permitted by law and subject to the
availability of
appropriations, the Secretary of State shall immediately expand the
Consular Fellows Program, including by substantially
increasing the number of Fellows, lengthening or making permanent the
period of service, and making language training at the Foreign Service
Institute available to Fellows for assignment to posts outside of their
area of core linguistic ability, to ensure
that nonimmigrant visa-interview wait times are not unduly affected.
Sec.
10. Visa
Validity Reciprocity. The Secretary of State
shall review all nonimmigrant visa reciprocity agreements and
arrangements to ensure that they are, with respect to each visa
classification, truly reciprocal insofar as practicable with
respect to validity period and fees, as required by sections 221(c) and
281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment.
If
another country does not treat United States nationals seeking
nonimmigrant visas in a truly reciprocal manner, the
Secretary of State shall adjust the visa validity period, fee schedule,
or other treatment to match the treatment of United States nationals by
that foreign country, to the extent practicable.
Sec.
11. Transparency
and
Data
Collection. (a) To be more
transparent with the American people and to implement more effectively
policies and practices that serve the national interest, the Secretary
of Homeland Security, in consultation with the
Attorney General, shall, consistent with applicable law and national
security, collect and make publicly available the following
information:
(i)
information regarding the number of foreign nationals in the United
States who have been charged with terrorism-related offenses while in
the United States; convicted
of terrorism-related offenses while in the United States; or removed
from the United States based on terrorism-related activity,
affiliation
with or provision of material support to a terrorism-related
organization, or any other national-security-related reasons;
(ii)
information regarding the number of foreign nationals in the United
States who have been radicalized after entry into the United States and
who have engaged in terrorism-related
acts, or who have provided material support to terrorism-related
organizations in countries that pose a threat to the United States;
(iii)
information regarding the number and types of acts of gender-based
violence against women, including so-called "honor killings," in the
United States by foreign nationals;
and
(iv)
any other information relevant to public safety and security as
determined by the Secretary of Homeland Security or the Attorney
General, including information on
the immigration status of foreign nationals charged with major
offenses.
(b) The Secretary of Homeland Security shall release the initial
report under subsection (a) of this section within 180 days of the
effective date of this order and shall include information
for the period from September 11, 2001, until the date of the initial
report. Subsequent reports shall be issued every 180 days
thereafter
and reflect the period since the previous report.
Sec.
12. Enforcement.
(a)
The
Secretary
of
State
and
the
Secretary of Homeland Security shall consult with appropriate domestic
and international partners, including countries and organizations, to
ensure efficient, effective, and appropriate implementation
of the actions directed in this order.
(b) In implementing this order, the Secretary of State
and the
Secretary of Homeland Security shall comply with all applicable laws
and regulations, including, as appropriate, those providing
an opportunity for individuals to claim a fear of persecution or
torture, such as the credible fear determination for aliens covered by
section 235(b)(1)(A) of the INA, 8 U.S.C. 1225(b)(1)(A).
(c) No immigrant or nonimmigrant visa issued before the effective
date
of this order shall be revoked pursuant to this order.
(d) Any individual whose visa was marked revoked or marked
canceled as
a result of Executive Order 13769 shall be entitled to a travel
document confirming that the individual is permitted to
travel to the United States and seek entry. Any prior
cancellation or
revocation of a visa that was solely pursuant to Executive Order 13769
shall not be the basis of inadmissibility for any future determination
about entry or admissibility.
(e) This order shall not apply to an individual who has been
granted
asylum, to a refugee who has already been admitted to the United
States, or to an individual granted withholding of removal
or protection under the Convention Against Torture. Nothing in
this
order shall be construed to limit the ability of an individual to
seek
asylum, withholding of removal, or protection under the Convention
Against Torture, consistent with the laws of the
United States.
Sec.
13. Revocation.
Executive
Order
13769
of
January
27,
2017, is revoked as of the
effective date of this order.
Sec.
14. Effective
Date. This order is effective at 12:01 a.m., eastern
daylight time on March 16, 2017.
Sec.
15. Severability.
(a)
If
any
provision
of
this
order,
or the application of any provision to any person or circumstance, is
held to be invalid, the remainder of this order and the application of
its other provisions to any other persons or
circumstances shall not be affected thereby.
(b) If any provision of this order, or the application of any
provision to any person or circumstance, is held to be invalid because
of the lack of certain procedural requirements, the relevant
executive branch officials shall implement those procedural
requirements.
Sec.
16. General
Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department
or agency, or the head thereof; or
(ii)
the functions of the Director of the Office of Management and
Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right
or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
DONALD
J.
TRUMP
THE WHITE HOUSE,
March 6, 2017.
###
March 6,
2017
MEMORANDUM FOR THE SECRETARY OF
STATE
THE
ATTORNEY
GENERAL
THE
SECRETARY
OF
HOMELAND
SECURITY
SUBJECT:
Implementing Immediate Heightened Screening and Vetting of Applications
for Visas and Other Immigration Benefits, Ensuring
Enforcement of All Laws for Entry into the United States, and
Increasing Transparency among Departments and Agencies of the Federal
Government and for the American People
By
the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Immigration and
Nationality Act (INA), 8 U.S.C. 1101
et seq., and section 301 of title 3, United States Code, I hereby
direct the following:
Section
1. Policy. It is the policy of the United States to
keep its citizens safe from terrorist attacks, including those
committed by foreign nationals. To avert the entry into the
United
States of foreign nationals who may aid, support, or commit
violent, criminal, or terrorist acts, it is critical that the executive
branch enhance the screening and vetting protocols and procedures for
granting visas, admission to the United States, or other benefits under
the INA. For that reason, in the executive
order entitled, "Protecting the Nation from Foreign Terrorist Entry
into the United States," and issued today, I directed the Secretary of
Homeland Security, in consultation with the Secretary of State and the
Director of National Intelligence, to conduct
a review to "identify whether, and if so what, additional information
will be needed from each foreign country to adjudicate an application
by a national of that country for a visa, admission, or other benefit
under the INA (adjudications) in order to determine
that the individual is not a security or public-safety threat."
While that comprehensive review is ongoing, however, this Nation cannot
delay the immediate implementation of additional heightened screening
and vetting protocols and procedures
for issuing visas to ensure that we strengthen the safety and security
of our country.
Moreover, because it is my constitutional duty to "take Care that the
Laws be faithfully executed," the executive branch is committed to
ensuring that all laws related to entry
into the United States are enforced rigorously and consistently.
Sec.
2. Enhanced Vetting Protocols and Procedures for Visas and Other
Immigration Benefits.
The Secretary of State and the Secretary of Homeland Security, in
consultation with the Attorney General, shall, as permitted by law,
implement protocols
and procedures as soon as practicable that in their judgment will
enhance the screening and vetting of applications for visas and all
other immigration benefits, so as to increase the safety and security
of the American people. These additional protocols
and procedures should focus on:
(a) preventing the entry into the United States of foreign
nationals
who may aid, support, or commit violent, criminal, or terrorist acts;
and
(b) ensuring the proper collection of all information necessary
to
rigorously evaluate all grounds of inadmissibility or deportability, or
grounds for the denial of other immigration
benefits.
Sec.
3. Enforcement of All Laws for Entry into the
United States.
I
direct the Secretary of State, the Attorney General, the Secretary of
Homeland Security, and the heads of all other relevant executive
departments and agencies (as identified
by the Secretary of Homeland Security) to rigorously enforce all
existing grounds of inadmissibility and to ensure subsequent compliance
with related laws after admission. The heads of all relevant
executive
departments and agencies shall issue new rules,
regulations, or guidance (collectively, rules), as appropriate, to
enforce laws relating to such grounds of inadmissibility and subsequent
compliance. To the extent that the Secretary of Homeland Security
issues such new rules, the heads of all other relevant
executive departments and agencies shall, as necessary and appropriate,
issue new rules that conform to them. Such new rules shall
supersede
any previous rules to the extent of any conflict.
Sec.
4. Transparency and Data Collection. (a) To ensure
that the American people have more regular access to information, and
to ensure that the executive branch shares information among its
departments and agencies, the Secretary of State and Secretary
of Homeland Security shall, consistent with applicable law and national
security, issue regular reports regarding visas and adjustments of
immigration status, written in non-technical language for broad public
use and understanding. In addition to any other
information released by the Secretary of State, the Attorney General,
or the Secretary of Homeland Security:
(i)
Beginning on April 28, 2017, and by the last day of every month
thereafter, the Secretary of State shall publish the following
information about actions
taken during the preceding calendar month:
(A)
the number of visas that have been issued from each consular office
within each country during the reporting period, disaggregated by
detailed visa
category and country of issuance; and
(B)
any other information the Secretary of State considers appropriate,
including information that the Attorney General or Secretary of
Homeland Security
may request be published.
(ii)
The Secretary of Homeland Security shall issue reports detailing the
number of adjustments of immigration status that have been made during
the reporting
period, disaggregated by type of adjustment, type and detailed class of
admission, and country of nationality. The first report shall be
issued within 90 days of the date of this memorandum, and subsequent
reports shall be issued every 90 days thereafter.
The first report shall address data from the date of this memorandum
until the report is issued, and each subsequent report shall address
new data since the last report was issued.
(b) To further ensure transparency for the American people
regarding
the efficiency and effectiveness of our immigration programs in serving
the national interest, the Secretary
of State, in consultation with the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Director of the
Office of Management and Budget, shall, within 180 days of the date of
this memorandum, submit to me a report detailing the
estimated long-term costs of the United States Refugee Admissions
Program at the Federal, State, and local levels, along with
recommendations about how to curtail those costs.
(c) The Secretary of State, in consultation with the Director of
the
Office of Management and Budget, shall, within 180 days of the date of
this memorandum, produce a report
estimating how many refugees are being supported in countries of first
asylum (near their home countries) for the same long-term cost as
supporting refugees in the United States, taking into account the full
lifetime cost of Federal, State, and local benefits,
and the comparable cost of providing similar benefits elsewhere.
Sec. 5. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department
or agency, or the head thereof; or
(ii)
the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(c) All actions taken pursuant to this memorandum shall
be consistent
with requirements and authorities to protect intelligence and law
enforcement sources and methods, personally
identifiable information, and the confidentiality of visa
records.
Nothing in this memorandum shall be interpreted to supersede measures
established under authority of law to protect the security and
integrity of specific activities and associations that
are in direct support of intelligence and law enforcement operations.
(d) This memorandum is not intended to, and does not, create any
right
or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States,
its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
(e) The Secretary of State is hereby
authorized and directed to publish this memorandum in the
Federal Register.
DONALD
J.
TRUMP
### |