Border Security and Immigration Enforcement Improvements

[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]

[Presidential Documents]

[Pages 8793-8797]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-02095]

Presidential Documents

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

Presidential Documents

[[Page 8793]]

Executive Order 13767 of January 25, 2017

Border Security and Immigration Enforcement

Improvements

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

(8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of

2006 (Public Law 109-367) (Secure Fence Act), and the

Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (Public Law 104-208 Div. C) (IIRIRA), and

in order to ensure the safety and territorial integrity

of the United States as well as to ensure that the

Nation's immigration laws are faithfully executed, I

hereby order as follows:

Section 1. Purpose. Border security is critically

important to the national security of the United

States. Aliens who illegally enter the United States

without inspection or admission present a significant

threat to national security and public safety. Such

aliens have not been identified or inspected by Federal

immigration officers to determine their admissibility

to the United States

e United

States. Aliens who illegally enter the United States

without inspection or admission present a significant

threat to national security and public safety. Such

aliens have not been identified or inspected by Federal

immigration officers to determine their admissibility

to the United States. The recent surge of illegal

immigration at the southern border with Mexico has

placed a significant strain on Federal resources and

overwhelmed agencies charged with border security and

immigration enforcement, as well as the local

communities into which many of the aliens are placed.

Transnational criminal organizations operate

sophisticated drug- and human-trafficking networks and

smuggling operations on both sides of the southern

border, contributing to a significant increase in

violent crime and United States deaths from dangerous

drugs. Among those who illegally enter are those who

seek to harm Americans through acts of terror or

criminal conduct. Continued illegal immigration

presents a clear and present danger to the interests of

the United States.

Federal immigration law both imposes the responsibility

and provides the means for the Federal Government, in

cooperation with border States, to secure the Nation's

southern border

nal conduct. Continued illegal immigration

presents a clear and present danger to the interests of

the United States.

Federal immigration law both imposes the responsibility

and provides the means for the Federal Government, in

cooperation with border States, to secure the Nation's

southern border. Although Federal immigration law

provides a robust framework for Federal-State

partnership in enforcing our immigration laws--and the

Congress has authorized and provided appropriations to

secure our borders--the Federal Government has failed

to discharge this basic sovereign responsibility. The

purpose of this order is to direct executive

departments and agencies (agencies) to deploy all

lawful means to secure the Nation's southern border, to

prevent further illegal immigration into the United

States, and to repatriate illegal aliens swiftly,

consistently, and humanely.

Sec. 2. Policy. It is the policy of the executive

branch to:

(a) secure the southern border of the United States

through the immediate construction of a physical wall

on the southern border, monitored and supported by

adequate personnel so as to prevent illegal

immigration, drug and human trafficking, and acts of

terrorism;

(b) detain individuals apprehended on suspicion of

violating Federal or State law, including Federal

immigration law, pending further proceedings regarding

those violations;

adequate personnel so as to prevent illegal

immigration, drug and human trafficking, and acts of

terrorism;

(b) detain individuals apprehended on suspicion of

violating Federal or State law, including Federal

immigration law, pending further proceedings regarding

those violations;

(c) expedite determinations of apprehended

individuals' claims of eligibility to remain in the

United States;

(d) remove promptly those individuals whose legal

claims to remain in the United States have been

lawfully rejected, after any appropriate civil or

criminal sanctions have been imposed; and

[[Page 8794]]

(e) cooperate fully with States and local law

enforcement in enacting Federal-State partnerships to

enforce Federal immigration priorities, as well as

State monitoring and detention programs that are

consistent with Federal law and do not undermine

Federal immigration priorities.

Sec. 3. Definitions. (a) ``Asylum officer'' has the

meaning given the term in section 235(b)(1)(E) of the

INA (8 U.S.C. 1225(b)(1)).

(b) ``Southern border'' shall mean the contiguous

land border between the United States and Mexico,

including all points of entry.

(c) ``Border States'' shall mean the States of the

United States immediately adjacent to the contiguous

land border between the United States and Mexico.

(d) Except as otherwise noted, ``the Secretary''

shall refer to the Secretary of Homeland Security.

Mexico,

including all points of entry.

(c) ``Border States'' shall mean the States of the

United States immediately adjacent to the contiguous

land border between the United States and Mexico.

(d) Except as otherwise noted, ``the Secretary''

shall refer to the Secretary of Homeland Security.

(e) ``Wall'' shall mean a contiguous, physical wall

or other similarly secure, contiguous, and impassable

physical barrier.

(f) ``Executive department'' shall have the meaning

given in section 101 of title 5, United States Code.

(g) ``Regulations'' shall mean any and all Federal

rules, regulations, and directives lawfully promulgated

by agencies.

(h) ``Operational control'' shall mean the

prevention of all unlawful entries into the United

States, including entries by terrorists, other unlawful

aliens, instruments of terrorism, narcotics, and other

contraband.

Sec. 4. Physical Security of the Southern Border of the

United States. The Secretary shall immediately take the

following steps to obtain complete operational control,

as determined by the Secretary, of the southern border:

(a) In accordance with existing law, including the

Secure Fence Act and IIRIRA, take all appropriate steps

to immediately plan, design, and construct a physical

wall along the southern border, using appropriate

materials and technology to most effectively achieve

complete operational control of the southern border;

a) In accordance with existing law, including the

Secure Fence Act and IIRIRA, take all appropriate steps

to immediately plan, design, and construct a physical

wall along the southern border, using appropriate

materials and technology to most effectively achieve

complete operational control of the southern border;

(b) Identify and, to the extent permitted by law,

allocate all sources of Federal funds for the planning,

designing, and constructing of a physical wall along

the southern border;

(c) Project and develop long-term funding

requirements for the wall, including preparing

Congressional budget requests for the current and

upcoming fiscal years; and

(d) Produce a comprehensive study of the security

of the southern border, to be completed within 180 days

of this order, that shall include the current state of

southern border security, all geophysical and

topographical aspects of the southern border, the

availability of Federal and State resources necessary

to achieve complete operational control of the southern

border, and a strategy to obtain and maintain complete

operational control of the southern border.

Sec. 5. Detention Facilities. (a) The Secretary shall

take all appropriate action and allocate all legally

available resources to immediately construct, operate,

control, or establish contracts to construct, operate,

or control facilities to detain aliens at or near the

land border with Mexico.

r.

Sec. 5. Detention Facilities. (a) The Secretary shall

take all appropriate action and allocate all legally

available resources to immediately construct, operate,

control, or establish contracts to construct, operate,

or control facilities to detain aliens at or near the

land border with Mexico.

(b) The Secretary shall take all appropriate action

and allocate all legally available resources to

immediately assign asylum officers to immigration

detention facilities for the purpose of accepting

asylum referrals and conducting credible fear

determinations pursuant to section 235(b)(1) of the INA

(8 U.S.C. 1225(b)(1)) and applicable regulations and

reasonable fear determinations pursuant to applicable

regulations.

(c) The Attorney General shall take all appropriate

action and allocate all legally available resources to

immediately assign immigration judges to immigration

detention facilities operated or controlled by the

Secretary, or operated or controlled pursuant to

contract by the Secretary, for the

[[Page 8795]]

purpose of conducting proceedings authorized under

title 8, chapter 12, subchapter II, United States Code.

immediately assign immigration judges to immigration

detention facilities operated or controlled by the

Secretary, or operated or controlled pursuant to

contract by the Secretary, for the

[[Page 8795]]

purpose of conducting proceedings authorized under

title 8, chapter 12, subchapter II, United States Code.

Sec. 6. Detention for Illegal Entry. The Secretary

shall immediately take all appropriate actions to

ensure the detention of aliens apprehended for

violations of immigration law pending the outcome of

their removal proceedings or their removal from the

country to the extent permitted by law. The Secretary

shall issue new policy guidance to all Department of

Homeland Security personnel regarding the appropriate

and consistent use of lawful detention authority under

the INA, including the termination of the practice

commonly known as ``catch and release,'' whereby aliens

are routinely released in the United States shortly

after their apprehension for violations of immigration

law.

Sec. 7. Return to Territory. The Secretary shall take

appropriate action, consistent with the requirements of

section 1232 of title 8, United States Code, to ensure

that aliens described in section 235(b)(2)(C) of the

INA (8 U.S.C. 1225(b)(2)(C)) are returned to the

territory from which they came pending a formal removal

proceeding.

retary shall take

appropriate action, consistent with the requirements of

section 1232 of title 8, United States Code, to ensure

that aliens described in section 235(b)(2)(C) of the

INA (8 U.S.C. 1225(b)(2)(C)) are returned to the

territory from which they came pending a formal removal

proceeding.

Sec. 8. Additional Border Patrol Agents. Subject to

available appropriations, the Secretary, through the

Commissioner of U.S. Customs and Border Protection,

shall take all appropriate action to hire 5,000

additional Border Patrol agents, and all appropriate

action to ensure that such agents enter on duty and are

assigned to duty stations as soon as is practicable.

Sec. 9. Foreign Aid Reporting Requirements. The head of

each executive department and agency shall identify and

quantify all sources of direct and indirect Federal aid

or assistance to the Government of Mexico on an annual

basis over the past five years, including all bilateral

and multilateral development aid, economic assistance,

humanitarian aid, and military aid. Within 30 days of

the date of this order, the head of each executive

department and agency shall submit this information to

the Secretary of State. Within 60 days of the date of

this order, the Secretary shall submit to the President

a consolidated report reflecting the levels of such aid

and assistance that has been provided annually, over

each of the past five years.

department and agency shall submit this information to

the Secretary of State. Within 60 days of the date of

this order, the Secretary shall submit to the President

a consolidated report reflecting the levels of such aid

and assistance that has been provided annually, over

each of the past five years.

Sec. 10. 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.

form 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 the manner that provides the most effective

model for enforcing Federal immigration laws and

obtaining operational control over the border for that

jurisdiction.

Sec. 11. Parole, Asylum, and Removal. It is the policy

of the executive branch to end the abuse of parole and

asylum provisions currently used to prevent the lawful

removal of removable aliens.

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(a) The Secretary shall immediately take all

appropriate action to ensure that the parole and asylum

provisions of Federal immigration law are not illegally

exploited to prevent the removal of otherwise removable

aliens.

(b) The Secretary shall take all appropriate

action, including by promulgating any appropriate

regulations, 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

the plain language of those provisions.

regulations, 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

the plain language of those provisions.

(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the

INA, the Secretary shall take appropriate action to

apply, in his sole and unreviewable discretion, the

provisions of section 235(b)(1)(A)(i) and (ii) of the

INA to the aliens designated under section

235(b)(1)(A)(iii)(II).

(d) The Secretary shall take appropriate action to

ensure that parole authority under section 212(d)(5) of

the INA (8 U.S.C. 1182(d)(5)) is exercised only on a

case-by-case basis in accordance with the plain

language of the statute, and in all circumstances only

when an individual demonstrates urgent humanitarian

reasons or a significant public benefit derived from

such parole.

(e) The Secretary shall take appropriate action to

require that all Department of Homeland Security

personnel are properly trained on the proper

application of section 235 of the William Wilberforce

Trafficking Victims Protection Reauthorization Act of

2008 (8 U.S.C. 1232) and section 462(g)(2) of the

Homeland Security Act of 2002 (6 U.S.C

tion to

require that all Department of Homeland Security

personnel are properly trained on the proper

application of section 235 of the William Wilberforce

Trafficking Victims Protection Reauthorization Act of

2008 (8 U.S.C. 1232) and section 462(g)(2) of the

Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to

ensure that unaccompanied alien children are properly

processed, receive appropriate care and placement while

in the custody of the Department of Homeland Security,

and, when appropriate, are safely repatriated in

accordance with law.

Sec. 12. Authorization to Enter Federal Lands. The

Secretary, in conjunction with the Secretary of the

Interior and any other heads of agencies as necessary,

shall take all appropriate action to:

(a) permit all officers and employees of the United

States, as well as all State and local officers as

authorized by the Secretary, to have access to all

Federal lands as necessary and appropriate to implement

this order; and

(b) enable those officers and employees of the

United States, as well as all State and local officers

as authorized by the Secretary, to perform such actions

on Federal lands as the Secretary deems necessary and

appropriate to implement this order.

Sec. 13. Priority Enforcement. The Attorney General

shall take all appropriate steps to establish

prosecution guidelines and allocate appropriate

resources to ensure that Federal prosecutors accord a

high priority to prosecutions of offenses having a

nexus to the southern border.

ement this order.

Sec. 13. Priority Enforcement. The Attorney General

shall take all appropriate steps to establish

prosecution guidelines and allocate appropriate

resources to ensure that Federal prosecutors accord a

high priority to prosecutions of offenses having a

nexus to the southern border.

Sec. 14. Government Transparency. The Secretary shall,

on a monthly basis and in a publicly available way,

report statistical data on aliens apprehended at or

near the southern border using a uniform method of

reporting by all Department of Homeland Security

components, in a format that is easily understandable

by the public.

Sec. 15. Reporting. Except as otherwise provided in

this order, the Secretary, within 90 days of the date

of this order, and the Attorney General, within 180

days, shall each submit to the President a report on

the progress of the directives contained in this order.

Sec. 16. Hiring. The Office of Personnel Management

shall take appropriate action as may be necessary to

facilitate hiring personnel to implement this order.

Sec. 17. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

[[Page 8797]]

(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.

uthority 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.

(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. 2017-02095

Filed 1-27-17; 11:15 am]

Billing code 3295-F7-P