83 FR 16179 - Ending ``Catch and Release'' at the Border of the United States and Directing Other Enhancements to Immigration Enforcement

Executive Office of the President

Federal Register Volume 83, Issue 72 (April 13, 2018)

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Presidential Documents]
[Pages 16179-16181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07962]



[[Page 16177]]

Vol. 83

Friday,

No. 72

April 13, 2018

Part II





The President





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Memorandum of April 6, 2018--Ending ``Catch and Release'' at the Border 
of the United States and Directing Other Enhancements to Immigration 
Enforcement


                        Presidential Documents 



Federal Register / Vol. 83 , No. 72 / Friday, April 13, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 16179]]

                Memorandum of April 6, 2018

                
Ending ``Catch and Release'' at the Border of the 
                United States and Directing Other Enhancements to 
                Immigration Enforcement

                Memorandum for the Secretary of State[,] the Secretary 
                of Defense[,] the Attorney General[,] the Secretary of 
                Health and Human Services[, and] the Secretary of 
                Homeland Security

                Section 1. Purpose. (a) Human smuggling operations, 
                smuggling of drugs and other contraband, and entry of 
                gang members and other criminals at the border of the 
                United States threaten our national security and public 
                safety. The backlog of immigration-related cases in our 
                administrative system is alarmingly large and has 
                hindered the expeditious adjudication of outstanding 
                cases. Border-security and immigration enforcement 
                personnel shortages have become critical.

                    (b) In Executive Order 13767 of January 25, 2017 
                (Border Security and Immigration Enforcement 
                Improvements), I directed the Secretary of Homeland 
                Security to issue new policy guidance regarding the 
                appropriate and consistent use of detention authority 
                under the Immigration and Nationality Act (INA), 
                including the termination of the practice known as 
                ``catch and release,'' whereby aliens are released in 
                the United States shortly after their apprehension for 
                violations of our immigration laws. On February 20, 
                2017, the Secretary issued a memorandum taking steps to 
                end ``catch and release'' practices. These steps have 
                produced positive results. Still, more must be done to 
                enforce our laws and to protect our country from the 
                dangers of releasing detained aliens into our 
                communities while their immigration claims are pending.

                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, I hereby direct as follows:

                Sec. 2. Ending ``Catch and Release''. (a) Within 45 
                days of the date of this memorandum, the Secretary of 
                Homeland Security, in coordination with the Secretary 
                of Defense, the Attorney General, and the Secretary of 
                Health and Human Services, shall submit a report to the 
                President detailing all measures that their respective 
                departments have pursued or are pursuing to 
                expeditiously end ``catch and release'' practices. At a 
                minimum, such report shall address the following:

(i) All measures taken pursuant to section 5(a) of Executive Order 13767 to 
allocate all legally available resources to construct, operate, control, or 
modify--or establish contracts to construct, operate, control, or modify--
facilities to detain aliens for violations of immigration law at or near 
the borders of the United States;

(ii) All measures taken pursuant to section 5(b) of Executive Order 13767 
to assign asylum officers to immigration detention facilities for the 
purpose of accepting asylum referrals and conducting credible fear 
determinations and reasonable fear determinations;

(iii) All measures taken pursuant to section 6 of Executive Order 13767 to 
ensure the detention of aliens apprehended for violations of immigration 
law;

(iv) All measures taken pursuant to section 11(a) of Executive Order 13767 
to ensure that the parole and asylum provisions of Federal immigration

[[Page 16180]]

law are not illegally exploited to prevent the removal of otherwise 
removable aliens;

(v) All measures taken pursuant to section 11(b) of Executive Order 13767 
to ensure that asylum referrals and credible fear determinations pursuant 
to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and 
reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a 
manner consistent with those provisions;

(vi) All measures taken pursuant to section 6 of Executive Order 13768 of 
January 25, 2017 (Enhancing Public Safety in the Interior of the United 
States), to ensure the assessment and collection of all authorized fines 
and penalties from aliens unlawfully present in the United States and from 
those who facilitate their unlawful presence in the United States;

(vii) A detailed list of all existing facilities, including military 
facilities, that could be used, modified, or repurposed to detain aliens 
for violations of immigration law at or near the borders of the United 
States; and

(viii) The number of credible fear and reasonable fear claims received, 
granted, and denied--broken down by the purported protected ground upon 
which a credible fear or reasonable fear claim was made--in each year since 
the beginning of fiscal year 2009.

                    (b) Within 75 days of the date of this memorandum, 
                the Attorney General and the Secretary of Homeland 
                Security, in consultation with the Secretary of Defense 
                and the Secretary of Health and Human Services, shall 
                submit a report to the President identifying any 
                additional resources or authorities that may be needed 
                to expeditiously end ``catch and release'' practices.

                Sec. 3. Return of Removable Aliens to Their Home 
                Countries or Countries of Origin. Within 60 days of the 
                date of this memorandum, the Secretary of State and the 
                Secretary of Homeland Security shall submit a report to 
                the President detailing all measures, including 
                diplomatic measures, that are being pursued against 
                countries that refuse to expeditiously accept the 
                repatriation of their nationals. The report shall 
                include all measures taken pursuant to section 12 of 
                Executive Order 13768 to implement the sanctions 
                authorized by section 243(d) of the INA (8 U.S.C. 
                1253(d)), or a detailed explanation as to why such 
                sanctions have not yet been imposed.

                Sec. 4. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

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

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

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

[[Page 16181]]

                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Secretary of State is hereby authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 6, 2018

[FR Doc. 2018-07962
Filed 4-12-18; 11:15 am]
Billing code 4710-10-P