82 FR 8977 - Protecting the Nation From Foreign Terrorist Entry Into the United States
Executive Office of the President
Federal Register Volume 82, Issue 20 (February 1, 2017)
Page Range
8977-8982
FR Document
2017-02281
Federal Register, Volume 82 Issue 20 (Wednesday, February 1, 2017)
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Presidential Documents]
[Pages 8977-8982]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-02281]
[[Page 8975]]
Vol. 82
Wednesday,
No. 20
February 1, 2017
Part II
The President
-----------------------------------------------------------------------
Executive Order 13769--Protecting the Nation From Foreign Terrorist
Entry Into the United States
Memorandum of January 27, 2017--Rebuilding the U.S. Armed Forces
Presidential Documents
Federal Register / Vol. 82 , No. 20 / Wednesday, February 1, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 8977]]
Executive Order 13769 of January 27, 2017
Protecting the Nation From Foreign Terrorist
Entry Into the United States
By the authority vested in me as President by the
Constitution and 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 American people from
terrorist attacks by foreign nationals admitted to the
United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a
crucial role in detecting individuals with terrorist
ties and stopping them from entering the United States.
Perhaps in no instance was that more apparent than the
terrorist attacks of September 11, 2001, when State
Department policy prevented consular officers from
properly scrutinizing the visa applications of several
of the 19 foreign nationals who went on to murder
nearly 3,000 Americans. And while the visa-issuance
process was reviewed and amended after the September 11
attacks to better detect would-be terrorists from
receiving visas, these measures did not stop attacks by
foreign nationals who were admitted to the United
States.
Numerous foreign-born individuals have been convicted
or implicated in terrorism-related crimes since
September 11, 2001, including foreign nationals who
entered the United States after receiving visitor,
student, or employment visas, or who entered through
the United States refugee resettlement program.
Deteriorating conditions in certain countries due to
war, strife, disaster, and civil unrest increase the
likelihood that terrorists will use any means possible
to enter the United States. The United States must be
vigilant during the visa-issuance process to ensure
that those approved for admission do not intend to harm
Americans and that they have no ties to terrorism.
In order to protect Americans, the United States must
ensure that those admitted to this country do not bear
hostile attitudes toward it and its founding
principles. The United States cannot, and should not,
admit those who do not support the Constitution, or
those who would place violent ideologies over American
law. In addition, the United States should not admit
those who engage in acts of bigotry or hatred
(including ``honor'' killings, other forms of violence
against women, or the persecution of those who practice
religions different from their own) or those who would
oppress Americans of any race, gender, or sexual
orientation.
Sec. 2. Policy. It is the policy of the United States
to protect its citizens from foreign nationals who
intend to commit terrorist attacks in the United
States; and to prevent the admission of foreign
nationals who intend to exploit United States
immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas and Other
Immigration Benefits to Nationals of Countries of
Particular Concern. (a) The Secretary of Homeland
Security, in consultation with the Secretary of State
and the Director of National Intelligence, shall
immediately conduct a review to determine the
information needed from any country to adjudicate any
visa, admission, or other benefit under the INA
(adjudications) in order to determine that the
individual seeking the benefit is who the individual
claims to be and is not a security or public-safety
threat.
(b) The Secretary of Homeland Security, in
consultation with the Secretary of State and the
Director of National Intelligence, shall submit to the
President
[[Page 8978]]
a report on the results of the review described in
subsection (a) of this section, including the Secretary
of Homeland Security's determination of the information
needed for adjudications and a list of countries that
do not provide adequate information, within 30 days of
the date of this order. The Secretary of Homeland
Security shall provide a copy of the report to the
Secretary of State 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 of foreign nationals, and to ensure
that adequate standards are established to prevent
infiltration by foreign terrorists or criminals,
pursuant to section 212(f) of the INA, 8 U.S.C.
1182(f), I hereby proclaim that the immigrant and
nonimmigrant entry into the United States of aliens
from countries referred to in section 217(a)(12) of the
INA, 8 U.S.C. 1187(a)(12), would be detrimental to the
interests of the United States, and I hereby suspend
entry into the United States, as immigrants and
nonimmigrants, of such persons for 90 days from the
date of this order (excluding those foreign nationals
traveling on diplomatic visas, North Atlantic Treaty
Organization visas, C-2 visas for travel to the United
Nations, and G-1, G-2, G-3, and G-4 visas).
(d) Immediately upon receipt of the report
described in subsection (b) of this section regarding
the information needed for adjudications, the Secretary
of State shall request all foreign governments that do
not supply such information to start providing such
information regarding their nationals within 60 days of
notification.
(e) After the 60-day period described in subsection
(d) of this section expires, the Secretary of Homeland
Security, in consultation with the Secretary of State,
shall submit to the President a list of countries
recommended for inclusion on a Presidential
proclamation that would prohibit the entry of foreign
nationals (excluding those foreign nationals traveling
on diplomatic visas, North Atlantic Treaty Organization
visas, C-2 visas for travel to the United Nations, and
G-1, G-2, G-3, and G-4 visas) from countries that do
not provide the information requested pursuant to
subsection (d) of this section until compliance occurs.
(f) At any point after submitting the list
described in subsection (e) of this section, the
Secretary of State or the Secretary of Homeland
Security may submit to the President the names of any
additional countries recommended for similar treatment.
(g) Notwithstanding a suspension pursuant to
subsection (c) of this section or pursuant to a
Presidential proclamation described in subsection (e)
of this section, the Secretaries of State and Homeland
Security may, on a case-by-case basis, and when in the
national interest, issue visas or other immigration
benefits to nationals of countries for which visas and
benefits are otherwise blocked.
(h) The Secretaries of State and Homeland Security
shall submit to the President a joint report on the
progress in implementing this order within 30 days of
the date of this order, a second report within 60 days
of the date of this order, a third report within 90
days of the date of this order, and a fourth report
within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening Standards for
All Immigration Programs. (a) The Secretary of State,
the Secretary of Homeland Security, the Director of
National Intelligence, and the Director of the Federal
Bureau of Investigation shall implement a program, as
part of the adjudication process for immigration
benefits, to identify individuals seeking to enter the
United States on a fraudulent basis with the intent to
cause harm, or who are at risk of causing harm
subsequent to their admission. This program will
include the development of a uniform screening standard
and procedure, such as in-person interviews; a database
of identity documents proffered by applicants to ensure
that duplicate documents are not
[[Page 8979]]
used by multiple applicants; amended application forms
that include questions aimed at identifying fraudulent
answers and malicious intent; a mechanism to ensure
that the applicant is who the applicant claims to be; a
process to evaluate the applicant's likelihood of
becoming a positively contributing member of society
and the applicant's ability to make contributions to
the national interest; and a mechanism to assess
whether or not the applicant has the intent to commit
criminal or terrorist acts after entering the United
States.
(b) The Secretary of Homeland Security, in
conjunction with the Secretary of State, the Director
of National Intelligence, and the Director of the
Federal Bureau of Investigation, shall submit to the
President an initial report on the progress of this
directive within 60 days of the date of this order, a
second report within 100 days of the date of this
order, and a third report within 200 days of the date
of this order.
Sec. 5. Realignment of the U.S. Refugee Admissions
Program for Fiscal Year 2017. (a) The Secretary of
State shall suspend the U.S. Refugee Admissions Program
(USRAP) for 120 days. 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 process to determine
what additional procedures should be taken to ensure
that those approved for refugee admission do not pose a
threat to the security and welfare of the United
States, and shall implement such additional procedures.
Refugee applicants who are already in the USRAP process
may be admitted upon the initiation and completion of
these revised procedures. Upon the date that is 120
days after the date of this order, the Secretary of
State shall resume USRAP admissions only for nationals
of countries for which the Secretary of State, the
Secretary of Homeland Security, and the Director of
National Intelligence have jointly determined that such
additional procedures are adequate to ensure the
security and welfare of the United States.
(b) Upon the resumption of USRAP admissions, the
Secretary of State, in consultation with the Secretary
of Homeland Security, is further directed to make
changes, to the extent permitted by law, to prioritize
refugee claims made by individuals on the basis of
religious-based persecution, provided that the religion
of the individual is a minority religion in the
individual's country of nationality. Where necessary
and appropriate, the Secretaries of State and Homeland
Security shall recommend legislation to the President
that would assist with such prioritization.
(c) Pursuant to section 212(f) of the INA, 8 U.S.C.
1182(f), I hereby proclaim that the entry of nationals
of Syria as refugees is detrimental to the interests of
the United States and thus suspend any such entry until
such time as I have determined that sufficient changes
have been made to the USRAP to ensure that admission of
Syrian refugees is consistent with the national
interest.
(d) Pursuant to section 212(f) of the INA, 8 U.S.C.
1182(f), 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 such entry until such time as I
determine that additional admissions would be in the
national interest.
(e) Notwithstanding the temporary suspension
imposed pursuant to subsection (a) of this section, the
Secretaries of State and 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 admission
of such individuals as refugees is in the national
interest--including when the person is a religious
minority in his country of nationality facing religious
persecution, when admitting the person would enable the
United States to conform its conduct to a preexisting
international agreement, or when the person is already
in transit and denying admission would cause undue
hardship--and it would not pose a risk to the security
or welfare of the United States.
[[Page 8980]]
(f) The Secretary of State shall submit to the
President an initial report on the progress of the
directive in subsection (b) of this section regarding
prioritization of claims made by individuals on the
basis of religious-based persecution within 100 days of
the date of this order and shall submit a second report
within 200 days of the date of this order.
(g) 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 Homeland Security 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. 6. Rescission of Exercise of Authority Relating to
the Terrorism Grounds of Inadmissibility. The
Secretaries of State and Homeland Security shall, in
consultation with the Attorney General, consider
rescinding the exercises of authority in section 212 of
the INA, 8 U.S.C. 1182, relating to the terrorism
grounds of inadmissibility, as well as any related
implementing memoranda.
Sec. 7. 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 all 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 contained in subsection (a) of this
section. The initial report shall be submitted within
100 days of the date of this order, a second report
shall be submitted within 200 days of the date of this
order, and a third report shall be submitted within 365
days of the date of this order. Further, the Secretary
shall submit a report every 180 days thereafter until
the system is fully deployed and operational.
Sec. 8. 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.
(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 non-immigrant visa-
interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of
State shall review all nonimmigrant visa reciprocity
agreements 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 a
country does not treat United States nationals seeking
nonimmigrant visas in a 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 the foreign
country, to the extent practicable.
Sec. 10. Transparency and Data Collection. (a) To be
more transparent with the American people, and to more
effectively implement 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 within
180 days, and every 180 days thereafter:
[[Page 8981]]
(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, or material support to a terrorism-related
organization, or any other national security reasons since the date of this
order or the last reporting period, whichever is later;
(ii) information regarding the number of foreign nationals in the United
States who have been radicalized after entry into the United States and
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, since the date of this order or the last reporting period,
whichever is later; and
(iii) information regarding the number and types of acts of gender-based
violence against women, including honor killings, in the United States by
foreign nationals, since the date of this order or the last reporting
period, whichever is later; and
(iv) any other information relevant to public safety and security as
determined by the Secretary of Homeland Security and the Attorney General,
including information on the immigration status of foreign nationals
charged with major offenses.
(b) The Secretary of State shall, within one year
of the date of this order, provide a report on the
estimated long-term costs of the USRAP at the Federal,
State, and local levels.
Sec. 11. 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 8982]]
(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 27, 2017.
[FR Doc. 2017-02281
Filed 1-31-17; 11:15 am]
Billing code 3295-F7-P