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  • News: Presidential Executive Order On Enhancing Public Safety in the Interior of the United States

    [Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
    [Presidential Documents]
    [Pages 8799-8803]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2017-02102]

    Presidential Documents

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

    [[Page 8799]]

    Executive Order 13768 of January 25, 2017


    Enhancing Public Safety in the Interior of 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 in order to ensure
    the public safety of the American people in communities
    across the United States as well as to ensure that our
    Nation's immigration laws are faithfully executed, I
    hereby declare the policy of the executive branch to
    be, and order, as follows:

    Section 1. Purpose. Interior enforcement of our
    Nation's immigration laws is critically important to
    the national security and public safety of the United
    States. Many aliens who illegally enter the United
    States and those who overstay or otherwise violate the
    terms of their visas present a significant threat to
    national security and public safety. This is
    particularly so for aliens who engage in criminal
    conduct in the United States.

    Sanctuary jurisdictions across the United States
    willfully violate Federal law in an attempt to shield
    aliens from removal from the United States. These
    jurisdictions have caused immeasurable harm to the
    American people and to the very fabric of our Republic.

    Tens of thousands of removable aliens have been
    released into communities across the country, solely
    because their home countries refuse to accept their
    repatriation. Many of these aliens are criminals who
    have served time in our Federal, State, and local
    jails. The presence of such individuals in the United
    States, and the practices of foreign nations that
    refuse the repatriation of their nationals, are
    contrary to the national interest.

    Although Federal immigration law provides a framework
    for Federal-State partnerships in enforcing our
    immigration laws to ensure the removal of aliens who
    have no right to be in the United States, the Federal
    Government has failed to discharge this basic sovereign
    responsibility. We cannot faithfully execute the
    immigration laws of the United States if we exempt
    classes or categories of removable aliens from
    potential enforcement. The purpose of this order is to
    direct executive departments and agencies (agencies) to
    employ all lawful means to enforce the immigration laws
    of the United States.

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

    (a) Ensure the faithful execution of the
    immigration laws of the United States, including the
    INA, against all removable aliens, consistent with
    Article II, Section 3 of the United States Constitution
    and section 3331 of title 5, United States Code;
    (b) Make use of all available systems and resources
    to ensure the efficient and faithful execution of the
    immigration laws of the United States;
    (c) Ensure that jurisdictions that fail to comply
    with applicable Federal law do not receive Federal
    funds, except as mandated by law;
    (d) Ensure that aliens ordered removed from the
    United States are promptly removed; and
    (e) Support victims, and the families of victims,
    of crimes committed by removable aliens.

    Sec. 3. Definitions. The terms of this order, where
    applicable, shall have the meaning provided by section
    1101 of title 8, United States Code.

    [[Page 8800]]

    Sec. 4. Enforcement of the Immigration Laws in the
    Interior of the United States. In furtherance of the
    policy described in section 2 of this order, I hereby
    direct agencies to employ all lawful means to ensure
    the faithful execution of the immigration laws of the
    United States against all removable aliens.

    Sec. 5. Enforcement Priorities. In executing faithfully
    the immigration laws of the United States, the
    Secretary of Homeland Security (Secretary) shall
    prioritize for removal those aliens described by the
    Congress in sections 212(a)(2), (a)(3), and (a)(6)(C),
    235, and 237(a)(2) and (4) of the INA (8 U.S.C.
    1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2)
    and (4)), as well as removable aliens who:

    (a) Have been convicted of any criminal offense;
    (b) Have been charged with any criminal offense,
    where such charge has not been resolved;
    (c) Have committed acts that constitute a
    chargeable criminal offense;
    (d) Have engaged in fraud or willful
    misrepresentation in connection with any official
    matter or application before a governmental agency;
    (e) Have abused any program related to receipt of
    public benefits;
    (f) Are subject to a final order of removal, but
    who have not complied with their legal obligation to
    depart the United States; or
    (g) In the judgment of an immigration officer,
    otherwise pose a risk to public safety or national
    security.

    Sec. 6. Civil Fines and Penalties. As soon as
    practicable, and by no later than one year after the
    date of this order, the Secretary shall issue guidance
    and promulgate regulations, where required by law, to
    ensure the assessment and collection of all fines and
    penalties that the Secretary is authorized under the
    law to assess and collect from aliens unlawfully
    present in the United States and from those who
    facilitate their presence in the United States.

    Sec. 7. Additional Enforcement and Removal Officers.
    The Secretary, through the Director of U.S. Immigration
    and Customs Enforcement, shall, to the extent permitted
    by law and subject to the availability of
    appropriations, take all appropriate action to hire
    10,000 additional immigration officers, who shall
    complete relevant training and be authorized to perform
    the law enforcement functions described in section 287
    of the INA (8 U.S.C. 1357).

    Sec. 8. 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 a manner that provides the most effective
    model for enforcing Federal immigration laws for that
    jurisdiction.

    [[Page 8801]]

    Sec. 9. Sanctuary Jurisdictions. It is the policy of
    the executive branch to ensure, to the fullest extent
    of the law, that a State, or a political subdivision of
    a State, shall comply with 8 U.S.C. 1373.

    (a) In furtherance of this policy, the Attorney
    General and the Secretary, in their discretion and to
    the extent consistent with law, shall ensure that
    jurisdictions that willfully refuse to comply with 8
    U.S.C. 1373 (sanctuary jurisdictions) are not eligible
    to receive Federal grants, except as deemed necessary
    for law enforcement purposes by the Attorney General or
    the Secretary. The Secretary has the authority to
    designate, in his discretion and to the extent
    consistent with law, a jurisdiction as a sanctuary
    jurisdiction. The Attorney General shall take
    appropriate enforcement action against any entity that
    violates 8 U.S.C. 1373, or which has in effect a
    statute, policy, or practice that prevents or hinders
    the enforcement of Federal law.
    (b) To better inform the public regarding the
    public safety threats associated with sanctuary
    jurisdictions, the Secretary shall utilize the Declined
    Detainer Outcome Report or its equivalent and, on a
    weekly basis, make public a comprehensive list of
    criminal actions committed by aliens and any
    jurisdiction that ignored or otherwise failed to honor
    any detainers with respect to such aliens.
    (c) The Director of the Office of Management and
    Budget is directed to obtain and provide relevant and
    responsive information on all Federal grant money that
    currently is received by any sanctuary jurisdiction.

    Sec. 10. Review of Previous Immigration Actions and
    Policies. (a) The Secretary shall immediately take all
    appropriate action to terminate the Priority
    Enforcement Program (PEP) described in the memorandum
    issued by the Secretary on November 20, 2014, and to
    reinstitute the immigration program known as ``Secure
    Communities'' referenced in that memorandum.

    (b) The Secretary shall review agency regulations,
    policies, and procedures for consistency with this
    order and, if required, publish for notice and comment
    proposed regulations rescinding or revising any
    regulations inconsistent with this order and shall
    consider whether to withdraw or modify any inconsistent
    policies and procedures, as appropriate and consistent
    with the law.
    (c) To protect our communities and better
    facilitate the identification, detention, and removal
    of criminal aliens within constitutional and statutory
    parameters, the Secretary shall consolidate and revise
    any applicable forms to more effectively communicate
    with recipient law enforcement agencies.

    Sec. 11. Department of Justice Prosecutions of
    Immigration Violators. The Attorney General and the
    Secretary shall work together to develop and implement
    a program that ensures that adequate resources are
    devoted to the prosecution of criminal immigration
    offenses in the United States, and to develop
    cooperative strategies to reduce violent crime and the
    reach of transnational criminal organizations into the
    United States.

    Sec. 12. Recalcitrant Countries. The Secretary of
    Homeland Security and the Secretary of State shall
    cooperate to effectively implement the sanctions
    provided by section 243(d) of the INA (8 U.S.C.
    1253(d)), as appropriate. The Secretary of State shall,
    to the maximum extent permitted by law, ensure that
    diplomatic efforts and negotiations with foreign states
    include as a condition precedent the acceptance by
    those foreign states of their nationals who are subject
    to removal from the United States.

    Sec. 13. Office for Victims of Crimes Committed by
    Removable Aliens. The Secretary shall direct the
    Director of U.S. Immigration and Customs Enforcement to
    take all appropriate and lawful action to establish
    within U.S. Immigration and Customs Enforcement an
    office to provide proactive, timely, adequate, and
    professional services to victims of crimes committed by
    removable aliens and the family members of such
    victims. This office shall provide quarterly reports
    studying the effects of the victimization by criminal
    aliens present in the United States.

    [[Page 8802]]

    Sec. 14. Privacy Act. Agencies shall, to the extent
    consistent with applicable law, ensure that their
    privacy policies exclude persons who are not United
    States citizens or lawful permanent residents from the
    protections of the Privacy Act regarding personally
    identifiable information.

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

    Sec. 16. Transparency. To promote the transparency and
    situational awareness of criminal aliens in the United
    States, the Secretary and the Attorney General are
    hereby directed to collect relevant data and provide
    quarterly reports on the following:

    (a) the immigration status of all aliens
    incarcerated under the supervision of the Federal
    Bureau of Prisons;
    (b) the immigration status of all aliens
    incarcerated as Federal pretrial detainees under the
    supervision of the United States Marshals Service; and
    (c) the immigration status of all convicted aliens
    incarcerated in State prisons and local detention
    centers throughout the United States.

    Sec. 17. Personnel Actions. The Office of Personnel
    Management shall take appropriate and lawful action to
    facilitate hiring personnel to implement this order.

    Sec. 18. 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.

    [[Page 8803]]

    (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. 2017-02102
    Filed 1-27-17; 11:15 am]
    Billing code 3295-F7-P

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