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 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 orderwithin 30 days of the date of this order, a second
report within 60 daysof 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
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.
(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. 1222, 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:
(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.
(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.
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