82 FR 8799 - Enhancing Public Safety in the Interior of the United States

Executive Office of the President

Federal Register Volume 82, Issue 18 (January 30, 2017)

[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Presidential Documents]
[Pages 8799-8803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02102]




                        Presidential Documents 



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

[[Page 8799]]


                Executive Order 13768 of January 25, 2017

                
Enhancing Public Safety in the Interior of the 
                United States

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Immigration and Nationality Act 
                (INA) (8 U.S.C. 1101 et seq.), and in order to ensure 
                the public safety of the American people in communities 
                across the United States as well as to ensure that our 
                Nation's immigration laws are faithfully executed, I 
                hereby declare the policy of the executive branch to 
                be, and order, as follows:

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

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

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

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

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

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

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

[[Page 8800]]

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

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

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

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

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

                Sec. 8. Federal-State Agreements. It is the policy of 
                the executive branch to empower State and local law 
                enforcement agencies across the country to perform the 
                functions of an immigration officer in the interior of 
                the United States to the maximum extent permitted by 
                law.

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

[[Page 8801]]

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

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

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

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

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

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

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

[[Page 8802]]

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

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

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

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

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

                Sec. 18. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 8803]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 25, 2017.

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