Trump's Executive
Order On Immigration
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
January 27, 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 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.
1222, 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
THE WHITE HOUSE,
January 27, 2017.
