Enhancing Public Safety in the Interior of the United States

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

[Presidential Documents]

[Pages 8799-8803]

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

[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.

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

moval 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

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;

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.

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)).

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.

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.

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.

nsistency 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

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.

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

rterly 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