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  • News: Ending '' catch And Release'' At The Border Of The United States And Directing Other Enhancements To Immigration Enforcement

    [Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
    [Presidential Documents]
    [Pages 16179-16181]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2018-07962]
    
    
    
    [[Page 16177]]
    
    Vol. 83
    
    Friday,
    
    No. 72
    
    April 13, 2018
    
    Part II
    
    
    
    
    
    The President
    
    
    
    
    
    -----------------------------------------------------------------------
    
    
    
    Memorandum of April 6, 2018--Ending ``Catch and Release'' at the Border 
    of the United States and Directing Other Enhancements to Immigration 
    Enforcement
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 83 , No. 72 / Friday, April 13, 2018 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
    [[Page 16179]]
    
                    Memorandum of April 6, 2018
    
                    
    Ending ``Catch and Release'' at the Border of the 
                    United States and Directing Other Enhancements to 
                    Immigration Enforcement
    
                    Memorandum for the Secretary of State[,] the Secretary 
                    of Defense[,] the Attorney General[,] the Secretary of 
                    Health and Human Services[, and] the Secretary of 
                    Homeland Security
    
                    Section 1. Purpose. (a) Human smuggling operations, 
                    smuggling of drugs and other contraband, and entry of 
                    gang members and other criminals at the border of the 
                    United States threaten our national security and public 
                    safety. The backlog of immigration-related cases in our 
                    administrative system is alarmingly large and has 
                    hindered the expeditious adjudication of outstanding 
                    cases. Border-security and immigration enforcement 
                    personnel shortages have become critical.
    
                        (b) In Executive Order 13767 of January 25, 2017 
                    (Border Security and Immigration Enforcement 
                    Improvements), I directed the Secretary of Homeland 
                    Security to issue new policy guidance regarding the 
                    appropriate and consistent use of detention authority 
                    under the Immigration and Nationality Act (INA), 
                    including the termination of the practice known as 
                    ``catch and release,'' whereby aliens are released in 
                    the United States shortly after their apprehension for 
                    violations of our immigration laws. On February 20, 
                    2017, the Secretary issued a memorandum taking steps to 
                    end ``catch and release'' practices. These steps have 
                    produced positive results. Still, more must be done to 
                    enforce our laws and to protect our country from the 
                    dangers of releasing detained aliens into our 
                    communities while their immigration claims are pending.
    
                    Therefore, by the authority vested in me as President 
                    by the Constitution and the laws of the United States 
                    of America, I hereby direct as follows:
    
                    Sec. 2. Ending ``Catch and Release''. (a) Within 45 
                    days of the date of this memorandum, the Secretary of 
                    Homeland Security, in coordination with the Secretary 
                    of Defense, the Attorney General, and the Secretary of 
                    Health and Human Services, shall submit a report to the 
                    President detailing all measures that their respective 
                    departments have pursued or are pursuing to 
                    expeditiously end ``catch and release'' practices. At a 
                    minimum, such report shall address the following:
    
    (i) All measures taken pursuant to section 5(a) of Executive Order 13767 to 
    allocate all legally available resources to construct, operate, control, or 
    modify--or establish contracts to construct, operate, control, or modify--
    facilities to detain aliens for violations of immigration law at or near 
    the borders of the United States;
    
    (ii) All measures taken pursuant to section 5(b) of Executive Order 13767 
    to assign asylum officers to immigration detention facilities for the 
    purpose of accepting asylum referrals and conducting credible fear 
    determinations and reasonable fear determinations;
    
    (iii) All measures taken pursuant to section 6 of Executive Order 13767 to 
    ensure the detention of aliens apprehended for violations of immigration 
    law;
    
    (iv) All measures taken pursuant to section 11(a) of Executive Order 13767 
    to ensure that the parole and asylum provisions of Federal immigration
    
    [[Page 16180]]
    
    law are not illegally exploited to prevent the removal of otherwise 
    removable aliens;
    
    (v) All measures taken pursuant to section 11(b) of Executive Order 13767 
    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 those provisions;
    
    (vi) All measures taken pursuant to section 6 of Executive Order 13768 of 
    January 25, 2017 (Enhancing Public Safety in the Interior of the United 
    States), to ensure the assessment and collection of all authorized fines 
    and penalties from aliens unlawfully present in the United States and from 
    those who facilitate their unlawful presence in the United States;
    
    (vii) A detailed list of all existing facilities, including military 
    facilities, that could be used, modified, or repurposed to detain aliens 
    for violations of immigration law at or near the borders of the United 
    States; and
    
    (viii) The number of credible fear and reasonable fear claims received, 
    granted, and denied--broken down by the purported protected ground upon 
    which a credible fear or reasonable fear claim was made--in each year since 
    the beginning of fiscal year 2009.
    
                        (b) Within 75 days of the date of this memorandum, 
                    the Attorney General and the Secretary of Homeland 
                    Security, in consultation with the Secretary of Defense 
                    and the Secretary of Health and Human Services, shall 
                    submit a report to the President identifying any 
                    additional resources or authorities that may be needed 
                    to expeditiously end ``catch and release'' practices.
    
                    Sec. 3. Return of Removable Aliens to Their Home 
                    Countries or Countries of Origin. Within 60 days of the 
                    date of this memorandum, the Secretary of State and the 
                    Secretary of Homeland Security shall submit a report to 
                    the President detailing all measures, including 
                    diplomatic measures, that are being pursued against 
                    countries that refuse to expeditiously accept the 
                    repatriation of their nationals. The report shall 
                    include all measures taken pursuant to section 12 of 
                    Executive Order 13768 to implement the sanctions 
                    authorized by section 243(d) of the INA (8 U.S.C. 
                    1253(d)), or a detailed explanation as to why such 
                    sanctions have not yet been imposed.
    
                    Sec. 4. 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.
    
    [[Page 16181]]
    
                        (c) 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.
                        (d) The Secretary of State is hereby authorized and 
                    directed to publish this memorandum in the Federal 
                    Register.
                    
                    
                        (Presidential Sig.)
    
                    THE WHITE HOUSE,
    
                        Washington, April 6, 2018
    
    [FR Doc. 2018-07962
    Filed 4-12-18; 11:15 am]
    Billing code 4710-10-P
    
    
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