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