82 FR 13209 - Protecting the Nation From Foreign Terrorist Entry Into the United States

Executive Office of the President

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13209-13219
FR Document		2017-04837

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Presidential Documents]
[Pages 13209-13219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04837]



[[Page 13207]]

Vol. 82

Thursday,

No. 45

March 9, 2017

Part II





The President





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Executive Order 13780--Protecting the Nation From Foreign Terrorist 
Entry Into the United States


                        Presidential Documents 



Federal Register / Vol. 82 , No. 45 / Thursday, March 9, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 13209]]

                Executive Order 13780 of March 6, 2017

                
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.''

[[Page 13210]]

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

[[Page 13211]]

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

[[Page 13212]]

                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

[[Page 13213]]

                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;

[[Page 13214]]

(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

[[Page 13215]]

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

[[Page 13216]]

                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.

[[Page 13217]]

                    (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).

[[Page 13218]]

                    (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.

[[Page 13219]]

                    (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,

                    March 6, 2017.

[FR Doc. 2017-04837
Filed 3-8-17; 11:15 am]
Billing code 3295-F7-P

$13209 Federal Register Presidential Documents Vol. 82, No. 45 Thursday, March 9, 2017 Title 3— Executive Order 13780 of March 6, 2017 The President 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 Nation- ality 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 associ- ated 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 proce- dures 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 con- cerns 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 asabaliauskas on DSK3SPTVN1PROD with E0 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.’’ VerDate Sep<11>2014 18:30 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09MRE0.SGM 09MRE0$

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Presidential Documents 13213

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 addi-
tional 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;
asabaliauskas on DSK3SPTVN1PROD with E0

(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;

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13216 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Presidential Documents

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 sub-
section (a) of this section, the Secretary of State and the Secretary of Home-
land 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 fol-
lowing: 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 jurisdic-
tions 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 jurisdic-
tions may have greater involvement in the process of determining the place-
ment 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 trav-
elers 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
asabaliauskas on DSK3SPTVN1PROD with E0

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 con-
ducting meetings or business with the United States Government.

VerDate Sep<11>2014 18:30 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\09MRE0.SGM 09MRE0

$13218 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Presidential Documents (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 inadmis- sibility 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. asabaliauskas on DSK3SPTVN1PROD with E0 VerDate Sep<11>2014 18:30 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\09MRE0.SGM 09MRE0$

Document Created: 2017-03-09 04:58:29
Document Modified: 2017-03-09 04:58:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		82 FR 13209