Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE





The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

  • News: Presidential Executive Order On Border Security and Immigration Enforcement Improvements

    [Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
    [Presidential Documents]
    [Pages 8793-8797]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2017-02095]

    Presidential Documents

    Federal Register / Vol. 82 , No. 18 / Monday, January 30, 2017 /
    Presidential Documents

    [[Page 8793]]

    Executive Order 13767 of January 25, 2017


    Border Security and Immigration Enforcement
    Improvements

    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
    (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of
    2006 (Public Law 109-367) (Secure Fence Act), and the
    Illegal Immigration Reform and Immigrant Responsibility
    Act of 1996 (Public Law 104-208 Div. C) (IIRIRA), and
    in order to ensure the safety and territorial integrity
    of the United States as well as to ensure that the
    Nation's immigration laws are faithfully executed, I
    hereby order as follows:

    Section 1. Purpose. Border security is critically
    important to the national security of the United
    States. Aliens who illegally enter the United States
    without inspection or admission present a significant
    threat to national security and public safety. Such
    aliens have not been identified or inspected by Federal
    immigration officers to determine their admissibility
    to the United States. The recent surge of illegal
    immigration at the southern border with Mexico has
    placed a significant strain on Federal resources and
    overwhelmed agencies charged with border security and
    immigration enforcement, as well as the local
    communities into which many of the aliens are placed.

    Transnational criminal organizations operate
    sophisticated drug- and human-trafficking networks and
    smuggling operations on both sides of the southern
    border, contributing to a significant increase in
    violent crime and United States deaths from dangerous
    drugs. Among those who illegally enter are those who
    seek to harm Americans through acts of terror or
    criminal conduct. Continued illegal immigration
    presents a clear and present danger to the interests of
    the United States.

    Federal immigration law both imposes the responsibility
    and provides the means for the Federal Government, in
    cooperation with border States, to secure the Nation's
    southern border. Although Federal immigration law
    provides a robust framework for Federal-State
    partnership in enforcing our immigration laws--and the
    Congress has authorized and provided appropriations to
    secure our borders--the Federal Government has failed
    to discharge this basic sovereign responsibility. The
    purpose of this order is to direct executive
    departments and agencies (agencies) to deploy all
    lawful means to secure the Nation's southern border, to
    prevent further illegal immigration into the United
    States, and to repatriate illegal aliens swiftly,
    consistently, and humanely.

    Sec. 2. Policy. It is the policy of the executive
    branch to:

    (a) secure the southern border of the United States
    through the immediate construction of a physical wall
    on the southern border, monitored and supported by
    adequate personnel so as to prevent illegal
    immigration, drug and human trafficking, and acts of
    terrorism;
    (b) detain individuals apprehended on suspicion of
    violating Federal or State law, including Federal
    immigration law, pending further proceedings regarding
    those violations;
    (c) expedite determinations of apprehended
    individuals' claims of eligibility to remain in the
    United States;
    (d) remove promptly those individuals whose legal
    claims to remain in the United States have been
    lawfully rejected, after any appropriate civil or
    criminal sanctions have been imposed; and

    [[Page 8794]]

    (e) cooperate fully with States and local law
    enforcement in enacting Federal-State partnerships to
    enforce Federal immigration priorities, as well as
    State monitoring and detention programs that are
    consistent with Federal law and do not undermine
    Federal immigration priorities.

    Sec. 3. Definitions. (a) ``Asylum officer'' has the
    meaning given the term in section 235(b)(1)(E) of the
    INA (8 U.S.C. 1225(b)(1)).

    (b) ``Southern border'' shall mean the contiguous
    land border between the United States and Mexico,
    including all points of entry.
    (c) ``Border States'' shall mean the States of the
    United States immediately adjacent to the contiguous
    land border between the United States and Mexico.
    (d) Except as otherwise noted, ``the Secretary''
    shall refer to the Secretary of Homeland Security.
    (e) ``Wall'' shall mean a contiguous, physical wall
    or other similarly secure, contiguous, and impassable
    physical barrier.
    (f) ``Executive department'' shall have the meaning
    given in section 101 of title 5, United States Code.
    (g) ``Regulations'' shall mean any and all Federal
    rules, regulations, and directives lawfully promulgated
    by agencies.
    (h) ``Operational control'' shall mean the
    prevention of all unlawful entries into the United
    States, including entries by terrorists, other unlawful
    aliens, instruments of terrorism, narcotics, and other
    contraband.

    Sec. 4. Physical Security of the Southern Border of the
    United States. The Secretary shall immediately take the
    following steps to obtain complete operational control,
    as determined by the Secretary, of the southern border:

    (a) In accordance with existing law, including the
    Secure Fence Act and IIRIRA, take all appropriate steps
    to immediately plan, design, and construct a physical
    wall along the southern border, using appropriate
    materials and technology to most effectively achieve
    complete operational control of the southern border;
    (b) Identify and, to the extent permitted by law,
    allocate all sources of Federal funds for the planning,
    designing, and constructing of a physical wall along
    the southern border;
    (c) Project and develop long-term funding
    requirements for the wall, including preparing
    Congressional budget requests for the current and
    upcoming fiscal years; and
    (d) Produce a comprehensive study of the security
    of the southern border, to be completed within 180 days
    of this order, that shall include the current state of
    southern border security, all geophysical and
    topographical aspects of the southern border, the
    availability of Federal and State resources necessary
    to achieve complete operational control of the southern
    border, and a strategy to obtain and maintain complete
    operational control of the southern border.

    Sec. 5. Detention Facilities. (a) The Secretary shall
    take all appropriate action and allocate all legally
    available resources to immediately construct, operate,
    control, or establish contracts to construct, operate,
    or control facilities to detain aliens at or near the
    land border with Mexico.

    (b) The Secretary shall take all appropriate action
    and allocate all legally available resources to
    immediately assign asylum officers to immigration
    detention facilities for the purpose of accepting
    asylum referrals and conducting credible fear
    determinations pursuant to section 235(b)(1) of the INA
    (8 U.S.C. 1225(b)(1)) and applicable regulations and
    reasonable fear determinations pursuant to applicable
    regulations.
    (c) The Attorney General shall take all appropriate
    action and allocate all legally available resources to
    immediately assign immigration judges to immigration
    detention facilities operated or controlled by the
    Secretary, or operated or controlled pursuant to
    contract by the Secretary, for the

    [[Page 8795]]

    purpose of conducting proceedings authorized under
    title 8, chapter 12, subchapter II, United States Code.

    Sec. 6. Detention for Illegal Entry. The Secretary
    shall immediately take all appropriate actions to
    ensure the detention of aliens apprehended for
    violations of immigration law pending the outcome of
    their removal proceedings or their removal from the
    country to the extent permitted by law. The Secretary
    shall issue new policy guidance to all Department of
    Homeland Security personnel regarding the appropriate
    and consistent use of lawful detention authority under
    the INA, including the termination of the practice
    commonly known as ``catch and release,'' whereby aliens
    are routinely released in the United States shortly
    after their apprehension for violations of immigration
    law.

    Sec. 7. Return to Territory. The Secretary shall take
    appropriate action, consistent with the requirements of
    section 1232 of title 8, United States Code, to ensure
    that aliens described in section 235(b)(2)(C) of the
    INA (8 U.S.C. 1225(b)(2)(C)) are returned to the
    territory from which they came pending a formal removal
    proceeding.

    Sec. 8. Additional Border Patrol Agents. Subject to
    available appropriations, the Secretary, through the
    Commissioner of U.S. Customs and Border Protection,
    shall take all appropriate action to hire 5,000
    additional Border Patrol agents, and all appropriate
    action to ensure that such agents enter on duty and are
    assigned to duty stations as soon as is practicable.

    Sec. 9. Foreign Aid Reporting Requirements. The head of
    each executive department and agency shall identify and
    quantify all sources of direct and indirect Federal aid
    or assistance to the Government of Mexico on an annual
    basis over the past five years, including all bilateral
    and multilateral development aid, economic assistance,
    humanitarian aid, and military aid. Within 30 days of
    the date of this order, the head of each executive
    department and agency shall submit this information to
    the Secretary of State. Within 60 days of the date of
    this order, the Secretary shall submit to the President
    a consolidated report reflecting the levels of such aid
    and assistance that has been provided annually, over
    each of the past five years.

    Sec. 10. Federal-State Agreements. It is the policy of
    the executive branch to empower State and local law
    enforcement agencies across the country to perform the
    functions of an immigration officer in the interior of
    the United States to the maximum extent permitted by
    law.

    (a) In furtherance of this policy, the Secretary
    shall immediately take appropriate action to engage
    with the Governors of the States, as well as local
    officials, for the purpose of preparing to enter into
    agreements under section 287(g) of the INA (8 U.S.C.
    1357(g)).
    (b) To the extent permitted by law, and with the
    consent of State or local officials, as appropriate,
    the Secretary shall take appropriate action, through
    agreements under section 287(g) of the INA, or
    otherwise, to authorize State and local law enforcement
    officials, as the Secretary determines are qualified
    and appropriate, to perform the functions of
    immigration officers in relation to the investigation,
    apprehension, or detention of aliens in the United
    States under the direction and the supervision of the
    Secretary. Such authorization shall be in addition to,
    rather than in place of, Federal performance of these
    duties.
    (c) To the extent permitted by law, the Secretary
    may structure each agreement under section 287(g) of
    the INA in the manner that provides the most effective
    model for enforcing Federal immigration laws and
    obtaining operational control over the border for that
    jurisdiction.

    Sec. 11. Parole, Asylum, and Removal. It is the policy
    of the executive branch to end the abuse of parole and
    asylum provisions currently used to prevent the lawful
    removal of removable aliens.

    [[Page 8796]]

    (a) The Secretary shall immediately take all
    appropriate action to ensure that the parole and asylum
    provisions of Federal immigration law are not illegally
    exploited to prevent the removal of otherwise removable
    aliens.
    (b) The Secretary shall take all appropriate
    action, including by promulgating any appropriate
    regulations, to ensure that asylum referrals and
    credible fear determinations pursuant to section
    235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR
    208.30, and reasonable fear determinations pursuant to
    8 CFR 208.31, are conducted in a manner consistent with
    the plain language of those provisions.
    (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the
    INA, the Secretary shall take appropriate action to
    apply, in his sole and unreviewable discretion, the
    provisions of section 235(b)(1)(A)(i) and (ii) of the
    INA to the aliens designated under section
    235(b)(1)(A)(iii)(II).
    (d) The Secretary shall take appropriate action to
    ensure that parole authority under section 212(d)(5) of
    the INA (8 U.S.C. 1182(d)(5)) is exercised only on a
    case-by-case basis in accordance with the plain
    language of the statute, and in all circumstances only
    when an individual demonstrates urgent humanitarian
    reasons or a significant public benefit derived from
    such parole.
    (e) The Secretary shall take appropriate action to
    require that all Department of Homeland Security
    personnel are properly trained on the proper
    application of section 235 of the William Wilberforce
    Trafficking Victims Protection Reauthorization Act of
    2008 (8 U.S.C. 1232) and section 462(g)(2) of the
    Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to
    ensure that unaccompanied alien children are properly
    processed, receive appropriate care and placement while
    in the custody of the Department of Homeland Security,
    and, when appropriate, are safely repatriated in
    accordance with law.

    Sec. 12. Authorization to Enter Federal Lands. The
    Secretary, in conjunction with the Secretary of the
    Interior and any other heads of agencies as necessary,
    shall take all appropriate action to:

    (a) permit all officers and employees of the United
    States, as well as all State and local officers as
    authorized by the Secretary, to have access to all
    Federal lands as necessary and appropriate to implement
    this order; and
    (b) enable those officers and employees of the
    United States, as well as all State and local officers
    as authorized by the Secretary, to perform such actions
    on Federal lands as the Secretary deems necessary and
    appropriate to implement this order.

    Sec. 13. Priority Enforcement. The Attorney General
    shall take all appropriate steps to establish
    prosecution guidelines and allocate appropriate
    resources to ensure that Federal prosecutors accord a
    high priority to prosecutions of offenses having a
    nexus to the southern border.

    Sec. 14. Government Transparency. The Secretary shall,
    on a monthly basis and in a publicly available way,
    report statistical data on aliens apprehended at or
    near the southern border using a uniform method of
    reporting by all Department of Homeland Security
    components, in a format that is easily understandable
    by the public.

    Sec. 15. Reporting. Except as otherwise provided in
    this order, the Secretary, within 90 days of the date
    of this order, and the Attorney General, within 180
    days, shall each submit to the President a report on
    the progress of the directives contained in this order.

    Sec. 16. Hiring. The Office of Personnel Management
    shall take appropriate action as may be necessary to
    facilitate hiring personnel to implement this order.

    Sec. 17. General Provisions. (a) Nothing in this order
    shall be construed to impair or otherwise affect:

    [[Page 8797]]

    (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.


    (Presidential Sig.)

    THE WHITE HOUSE,

    January 25, 2017.

    [FR Doc. 2017-02095
    Filed 1-27-17; 11:15 am]
    Billing code 3295-F7-P

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: