Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
EXECUTIVE ORDER
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PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO 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 section 301 of title
3, United States Code, and to protect the Nation from terrorist
activities by foreign nationals admitted to the United States, it is
hereby ordered as follows:
Section 1. Policy and Purpose. (a) It is the policy of the United
States to protect its citizens from terrorist attacks, including those
committed by foreign nationals. The screening and vetting protocols and
procedures associated with the visa-issuance process and the United
States Refugee Admissions Program (USRAP) play a crucial role in
detecting foreign nationals who may commit, aid, or support acts of
terrorism and in preventing those individuals from entering the United
States. It is therefore the policy of the United States to improve the
screening and vetting protocols and procedures associated with the
visa-issuance process and the USRAP.
(b) On January 27, 2017, to implement this policy, I issued
Executive
Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the
United States).
(i) Among other actions, Executive Order 13769 suspended for 90 days
the entry of certain aliens from seven countries: Iran, Iraq, Libya,
Somalia, Sudan, Syria, and Yemen. These are countries that had already
been identified as presenting heightened concerns about terrorism and
travel to the United States. Specifically, the suspension applied to
countries referred to in, or designated under, section 217(a)(12) of the
INA, 8 U.S.C. 1187(a)(12), in which Congress restricted use of the Visa
Waiver Program for nationals of, and aliens recently present in, (A)
Iraq or Syria, (B) any country designated by the Secretary of State as a
state sponsor of terrorism (currently Iran, Syria, and Sudan), and (C)
any other country designated as a country of concern by the Secretary of
Homeland Security, in consultation with the Secretary of State and the
Director of National Intelligence.
In 2016, the Secretary of Homeland
Security designated Libya, Somalia, and Yemen as additional countries of
concern for travel purposes, based on consideration of three statutory
factors related to terrorism and national security: "
(I) whether the
presence of an alien in the country or area increases the likelihood
that the alien is a credible threat to the national security of the
United States;
(II) whether a foreign terrorist organization has a
significant presence in the country or area; and
(III) whether the
country or area is a safe haven for terrorists." 8 U.S.C.
1187(a)(12)(D)(ii). Additionally, Members of Congress have expressed
concerns about screening and vetting procedures following recent
terrorist attacks in this country and in Europe.
(ii) In ordering the temporary suspension of entry described in
subsection (b)(i) of this section, I exercised my authority under
Article II of the Constitution and under section 212(f) of the INA,
which provides in relevant part: "Whenever the President finds that the
entry of any aliens or of any class of aliens into the United States
would be detrimental to the interests of the United States, he may by
proclamation, and for such period as he shall deem necessary, suspend
the entry of all aliens or any class of aliens as immigrants or
nonimmigrants, or impose on the entry of aliens any restrictions he may
deem to be appropriate." 8 U.S.C. 1182(f).
Under these authorities, I
determined that, for a brief period of 90 days, while existing screening
and vetting procedures were under review, the entry into the United
States of certain aliens from the seven identified countries -- each
afflicted by terrorism in a manner that compromised the ability of the
United States to rely on normal decision-making procedures about travel
to the United States -- would be detrimental to the interests of the
United States. Nonetheless, I permitted the Secretary of State and the
Secretary of Homeland Security to grant case-by-case waivers when they
determined that it was in the national interest to do so.
(iii) Executive Order 13769 also suspended the USRAP for 120 days.
Terrorist groups have sought to infiltrate several nations through
refugee programs. Accordingly, I temporarily suspended the USRAP
pending a review of our procedures for screening and vetting refugees.
Nonetheless, I permitted the Secretary of State and the Secretary of
Homeland Security to jointly grant case-by-case waivers when they
determined that it was in the national interest to do so.
(iv) Executive Order 13769 did not provide a basis for discriminating
for or against members of any particular religion. While that order
allowed for prioritization of refugee claims from members of persecuted
religious minority groups, that priority applied to refugees from every
nation, including those in which Islam is a minority religion, and it
applied to minority sects within a religion. That order was not
motivated by animus toward any religion, but was instead intended to
protect the ability of religious minorities -- whoever they are and
wherever they reside -- to avail themselves of the USRAP in light of
their particular challenges and circumstances.
(c) The implementation of Executive Order 13769 has been delayed by
litigation. Most significantly, enforcement of critical provisions of
that order has been temporarily halted by court orders that apply
nationwide and extend even to foreign nationals with no prior or
substantial connection to the United States. On February 9, 2017, the
United States Court of Appeals for the Ninth Circuit declined to stay or
narrow one such order pending the outcome of further judicial
proceedings, while noting that the "political branches are far better
equipped to make appropriate distinctions" about who should be covered
by a suspension of entry or of refugee admissions.
(d) Nationals from the countries previously identified under section
217(a)(12) of the INA warrant additional scrutiny in connection with our
immigration policies because the conditions in these countries present
heightened threats. Each of these countries is a state sponsor of
terrorism, has been significantly compromised by terrorist
organizations, or contains active conflict zones. Any of these
circumstances diminishes the foreign government's willingness or ability
to share or validate important information about individuals seeking to
travel to the United States. Moreover, the significant presence in
each of these countries of terrorist organizations, their members, and
others exposed to those organizations increases the chance that
conditions will be exploited to enable terrorist operatives or
sympathizers to travel to the United States. Finally, once foreign
nationals from these countries are admitted to the United States, it is
often difficult to remove them, because many of these countries
typically delay issuing, or refuse to issue, travel documents.
(e) The following are brief descriptions, taken in part from the
Department of State's Country Reports on Terrorism 2015 (June 2016), of
some of the conditions in six of the previously designated countries
that demonstrate why their nationals continue to present heightened
risks to the security of the United States:
(i) Iran. Iran has been designated as a state sponsor of terrorism
since 1984 and continues to support various terrorist groups, including
Hizballah, Hamas, and terrorist groups in Iraq. Iran has also been
linked to support for al-Qa'ida and has permitted al-Qa'ida to transport
funds and fighters through Iran to Syria and South Asia. Iran does not
cooperate with the United States in counterterrorism efforts.
(ii) Libya. Libya is an active combat zone, with hostilities between
the internationally recognized government and its rivals. In many
parts of the country, security and law enforcement functions are
provided by armed militias rather than state institutions. Violent
extremist groups, including the Islamic State of Iraq and Syria (ISIS),
have exploited these conditions to expand their presence in the country.
The Libyan government provides some cooperation with the United
States' counterterrorism efforts, but it is unable to secure thousands
of miles of its land and maritime borders, enabling the illicit flow of
weapons, migrants, and foreign terrorist fighters. The United States
Embassy in Libya suspended its operations in 2014.
(iii) Somalia. Portions of Somalia have been terrorist safe havens.
Al-Shabaab, an al-Qa'ida-affiliated terrorist group, has operated in
the country for years and continues to plan and mount operations within
Somalia and in neighboring countries. Somalia has porous borders, and
most countries do not recognize Somali identity documents. The Somali
government cooperates with the United States in some counterterrorism
operations but does not have the capacity to sustain military pressure
on or to investigate suspected terrorists.
(iv) Sudan. Sudan has been designated as a state sponsor of
terrorism since 1993 because of its support for international terrorist
groups, including Hizballah and Hamas. Historically, Sudan provided
safe havens for al-Qa'ida and other terrorist groups to meet and train.
Although Sudan's support to al-Qa'ida has ceased and it provides some
cooperation with the United States' counterterrorism efforts, elements
of core al-Qa'ida and ISIS-linked terrorist groups remain active in the
country.
(v) Syria. Syria has been designated as a state sponsor of
terrorism since 1979. The Syrian government is engaged in an ongoing
military conflict against ISIS and others for control of portions of the
country. At the same time, Syria continues to support other terrorist
groups. It has allowed or encouraged extremists to pass through its
territory to enter Iraq. ISIS continues to attract foreign fighters to
Syria and to use its base in Syria to plot or encourage attacks around
the globe, including in the United States. The United States Embassy in
Syria suspended its operations in 2012. Syria does not cooperate with
the United States' counterterrorism efforts.
(vi) Yemen. Yemen is the site of an ongoing conflict between the
incumbent government and the Houthi-led opposition. Both ISIS and a
second group, al-Qa'ida in the Arabian Peninsula (AQAP), have exploited
this conflict to expand their presence in Yemen and to carry out
hundreds of attacks. Weapons and other materials smuggled across
Yemen's porous borders are used to finance AQAP and other terrorist
activities. In 2015, the United States Embassy in Yemen suspended its
operations, and embassy staff were relocated out of the country. Yemen
has been supportive of, but has not been able to cooperate fully with,
the United States in counterterrorism efforts.
(f) In light of the conditions in these six countries, until the
assessment of current screening and vetting procedures required by
section 2 of this order is completed, the risk of erroneously permitting
entry of a national of one of these countries who intends to commit
terrorist acts or otherwise harm the national security of the United
States is unacceptably high. Accordingly, while that assessment is
ongoing, I am imposing a temporary pause on the entry of nationals from
Iran, Libya, Somalia, Sudan, Syria, and Yemen, subject to categorical
exceptions and case-by-case waivers, as described in section 3 of this
order.
(g) Iraq presents a special case. Portions of Iraq remain active
combat zones. Since 2014, ISIS has had dominant influence over
significant territory in northern and central Iraq. Although that
influence has been significantly reduced due to the efforts and
sacrifices of the Iraqi government and armed forces, working along with a
United States-led coalition, the ongoing conflict has impacted the
Iraqi government's capacity to secure its borders and to identify
fraudulent travel documents. Nevertheless, the close cooperative
relationship between the United States and the democratically elected
Iraqi government, the strong United States diplomatic presence in Iraq,
the significant presence of United States forces in Iraq, and Iraq's
commitment to combat ISIS justify different treatment for Iraq. In
particular, those Iraqi government forces that have fought to regain
more than half of the territory previously dominated by ISIS have shown
steadfast determination and earned enduring respect as they battle an
armed group that is the common enemy of Iraq and the United States. In
addition, since Executive Order 13769 was issued, the Iraqi government
has expressly undertaken steps to enhance travel documentation,
information sharing, and the return of Iraqi nationals subject to final
orders of removal. Decisions about issuance of visas or granting
admission to Iraqi nationals should be subjected to additional scrutiny
to determine if applicants have connections with ISIS or other terrorist
organizations, or otherwise pose a risk to either national security or
public safety.
(h) Recent history shows that some of those who have entered the
United States through our immigration system have proved to be threats
to our national security. Since 2001, hundreds of persons born abroad
have been convicted of terrorism-related crimes in the United States.
They have included not just persons who came here legally on visas but
also individuals who first entered the country as refugees. For
example, in January 2013, two Iraqi nationals admitted to the United
States as refugees in 2009 were sentenced to 40 years and to life in
prison, respectively, for multiple terrorism-related offenses. And in
October 2014, a native of Somalia who had been brought to the United
States as a child refugee and later became a naturalized United States
citizen was sentenced to 30 years in prison for attempting to use a
weapon of mass destruction as part of a plot to detonate a bomb at a
crowded Christmas-tree-lighting ceremony in Portland, Oregon. The
Attorney General has reported to me that more than 300 persons who
entered the United States as refugees are currently the subjects of
counterterrorism investigations by the Federal Bureau of Investigation.
(i) Given the foregoing, the entry into the United States of foreign
nationals who may commit, aid, or support acts of terrorism remains a
matter of grave concern. In light of the Ninth Circuit's observation
that the political branches are better suited to determine the
appropriate scope of any suspensions than are the courts, and in order
to avoid spending additional time pursuing litigation, I am revoking
Executive Order 13769 and replacing it with this order, which expressly
excludes from the suspensions categories of aliens that have prompted
judicial concerns and which clarifies or refines the approach to certain
other issues or categories of affected aliens.
Sec. 2. Temporary Suspension of Entry for Nationals of Countries of
Particular Concern During Review Period. (a) The Secretary of Homeland
Security, in consultation with the Secretary of State and the Director
of National Intelligence, shall conduct a worldwide review to identify
whether, and if so what, additional information will be needed from each
foreign country to adjudicate an application by a national of that
country for a visa, admission, or other benefit under the INA
(adjudications) in order to determine that the individual is not a
security or public-safety threat. The Secretary of Homeland Security
may conclude that certain information is needed from particular
countries even if it is not needed from every country.
(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 worldwide review
described in subsection (a) of this section, including the Secretary of
Homeland Security's determination of the information needed from each
country for adjudications and a list of countries that do not provide
adequate information, within 20 days of the effective date of this
order. The Secretary of Homeland Security shall provide a copy of the
report to the Secretary of State, the Attorney General, 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 and vetting of foreign nationals, to ensure that
adequate standards are established to prevent infiltration by foreign
terrorists, and in light of the national security concerns referenced in
section 1 of this order, I hereby proclaim, pursuant to sections 212(f)
and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that the
unrestricted entry into the United States of nationals of Iran, Libya,
Somalia, Sudan, Syria, and Yemen would be detrimental to the interests
of the United States. I therefore direct that the entry into the United
States of nationals of those six countries be suspended for 90 days
from the effective date of this order, subject to the limitations,
waivers, and exceptions set forth in sections 3 and 12 of this order.
(d) Upon submission of the report described in subsection (b) of this
section regarding the information needed from each country for
adjudications, the Secretary of State shall request that all foreign
governments that do not supply such information regarding their
nationals begin providing it within 50 days of notification.
(e) After the period described in subsection (d) of this section
expires, the Secretary of Homeland Security, in consultation with the
Secretary of State and the Attorney General, shall submit to the
President a list of countries recommended for inclusion in a
Presidential proclamation that would prohibit the entry of appropriate
categories of foreign nationals of countries that have not provided the
information requested until they do so or until the Secretary of
Homeland Security certifies that the country has an adequate plan to do
so, or has adequately shared information through other means. The
Secretary of State, the Attorney General, or the Secretary of Homeland
Security may also submit to the President the names of additional
countries for which any of them recommends other lawful restrictions or
limitations deemed necessary for the security or welfare of the United
States.
(f) At any point after the submission of the list described in
subsection (e) of this section, the Secretary of Homeland Security, in
consultation with the Secretary of State and the Attorney General, may
submit to the President the names of any additional countries
recommended for similar treatment, as well as the names of any countries
that they recommend should be removed from the scope of a proclamation
described in subsection (e) of this section.
(g) The Secretary of State and the Secretary of Homeland Security
shall submit to the President a joint report on the progress in
implementing this order within 60 days of the effective date of this
order, a second report within 90 days of the effective date of this
order, a third report within 120 days of the effective date of this
order, and a fourth report within 150 days of the effective date of this
order.
Sec. 3. Scope and Implementation of Suspension.
(a) Scope. Subject to the exceptions set forth in subsection (b) of
this section and any waiver under subsection (c) of this section, the
suspension of entry pursuant to section 2 of this order shall apply only
to foreign nationals of the designated countries who:
(i) are outside the United States on the effective date of this order;
(ii) did not have a valid visa at 5:00 p.m., eastern standard time on January 27, 2017; and
(iii) do not have a valid visa on the effective date of this order.
(b) Exceptions. The suspension of entry pursuant to section 2 of this order shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any foreign national who is admitted to or paroled into the United States on or after the effective date of this order;
(iii) any foreign national who has a document other than a visa, valid
on the effective date of this order or issued on any date thereafter,
that permits him or her to travel to the United States and seek entry or
admission, such as an advance parole document;
(iv) any dual national of a country designated under section 2 of
this order when the individual is traveling on a passport issued by a
non-designated country;
(v) any foreign national traveling on a diplomatic or
diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa
for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; or
(vi) any foreign national who has been granted asylum; any refugee
who has already been admitted to the United States; or any individual
who has been granted withholding of removal, advance parole, or
protection under the Convention Against Torture.
(c) Waivers. Notwithstanding the suspension of entry pursuant to
section 2 of this order, a consular officer, or, as appropriate, the
Commissioner, U.S. Customs and Border Protection (CBP), or the
Commissioner's delegee, may, in the consular officer's or the CBP
official's discretion, decide on a case-by-case basis to authorize the
issuance of a visa to, or to permit the entry of, a foreign national for
whom entry is otherwise suspended if the foreign national has
demonstrated to the officer's satisfaction that denying entry during the
suspension period would cause undue hardship, and that his or her entry
would not pose a threat to national security and would be in the
national interest. Unless otherwise specified by the Secretary of
Homeland Security, any waiver issued by a consular officer as part of
the visa issuance process will be effective both for the issuance of a
visa and any subsequent entry on that visa, but will leave all other
requirements for admission or entry unchanged. Case-by-case waivers
could be appropriate in circumstances such as the following:
(i) the foreign national has previously been admitted to the United
States for a continuous period of work, study, or other long-term
activity, is outside the United States on the effective date of this
order, seeks to reenter the United States to resume that activity, and
the denial of reentry during the suspension period would impair that
activity;
(ii) the foreign national has previously established significant
contacts with the United States but is outside the United States on the
effective date of this order for work, study, or other lawful activity;
(iii) the foreign national seeks to enter the United States for
significant business or professional obligations and the denial of entry
during the suspension period would impair those obligations;
(iv) the foreign national seeks to enter the United States to visit
or reside with a close family member (e.g., a spouse, child, or parent)
who is a United States citizen, lawful permanent resident, or alien
lawfully admitted on a valid nonimmigrant visa, and the denial of entry
during the suspension period would cause undue hardship;
(v)the foreign national is an infant, a young child or adoptee, an
individual needing urgent medical care, or someone whose entry is
otherwise justified by the special circumstances of the case;
(vi) the foreign national has been employed by, or on behalf of, the
United States Government (or is an eligible dependent of such an
employee) and the employee can document that he or she has provided
faithful and valuable service to the United States Government;
(vii) the foreign national is traveling for purposes related to an
international organization designated under the International
Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling
for purposes of conducting meetings or business with the United States
Government, or traveling to conduct business on behalf of an
international organization not designated under the IOIA;
(viii) the foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada; or
(ix) the foreign national is traveling as a United States Government-sponsored exchange visitor.
Sec. 4. Additional Inquiries Related to Nationals of Iraq. An
application by any Iraqi national for a visa, admission, or other
immigration benefit should be subjected to thorough review, including,
as appropriate, consultation with a designee of the Secretary of Defense
and use of the additional information that has been obtained in the
context of the close U.S.-Iraqi security partnership, since Executive
Order 13769 was issued, concerning individuals suspected of ties to ISIS
or other terrorist organizations and individuals coming from
territories controlled or formerly controlled by ISIS. Such review
shall include consideration of whether the applicant has connections
with ISIS or other terrorist organizations or with territory that is or
has been under the dominant influence of ISIS, as well as any other
information bearing on whether the applicant may be a threat to commit
acts of terrorism or otherwise threaten the national security or public
safety of the United States.
Sec. 5. Implementing Uniform Screening and Vetting Standards for All
Immigration Programs. (a) The Secretary of State, the Attorney
General, the Secretary of Homeland Security, and the Director of
National Intelligence shall implement a program, as part of the process
for adjudications, to identify individuals who seek to enter the United
States on a fraudulent basis, who support terrorism, violent extremism,
acts of violence toward any group or class of people within the United
States, or who present a risk of causing harm subsequent to their entry.
This program shall include the development of a uniform baseline for
screening and vetting standards and procedures, 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
applicants are who they claim to be; a mechanism to assess whether
applicants may commit, aid, or support any kind of violent, criminal, or
terrorist acts after entering the United States; and any other
appropriate means for ensuring the proper collection of all information
necessary for a rigorous evaluation of all grounds of inadmissibility or
grounds for the denial of other immigration benefits.
(b) The Secretary of Homeland Security, in conjunction with the
Secretary of State, the Attorney General, and the Director of National
Intelligence, shall submit to the President an initial report on the
progress of the program described in subsection (a) of this section
within 60 days of the effective date of this order, a second report
within 100 days of the effective date of this order, and a third report
within 200 days of the effective date of this order.
Sec. 6. Realignment of the U.S. Refugee Admissions Program for Fiscal
Year 2017. (a) The Secretary of State shall suspend travel of refugees
into the United States under the USRAP, and the Secretary of Homeland
Security shall suspend decisions on applications for refugee status, for
120 days after the effective date of this order, subject to waivers
pursuant to subsection (c) of this section. 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 processes to
determine what additional procedures should be used to ensure that
individuals seeking admission as refugees do not pose a threat to the
security and welfare of the United States, and shall implement such
additional procedures. The suspension described in this subsection
shall not apply to refugee applicants who, before the effective date of
this order, have been formally scheduled for transit by the Department
of State. The Secretary of State shall resume travel of refugees into
the United States under the USRAP 120 days after the effective date of
this order, and the Secretary of Homeland Security shall resume making
decisions on applications for refugee status only for stateless persons
and nationals of countries for which the Secretary of State, the
Secretary of Homeland Security, and the Director of National
Intelligence have jointly determined that the additional procedures
implemented pursuant to this subsection are adequate to ensure the
security and welfare of the United States.
(b) Pursuant to section 212(f) of the INA, 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
entries in excess of that number until such time as I determine that
additional entries would be in the national interest.
(c) Notwithstanding the temporary suspension imposed pursuant to
subsection (a) of this section, the Secretary of State and the Secretary
of 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 entry of such individuals as
refugees is in the national interest and does not pose a threat to the
security or welfare of the United States, including in circumstances
such as the following: the individual's entry would enable the United
States to conform its conduct to a preexisting international agreement
or arrangement, or the denial of entry would cause undue hardship.
(d) 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 State 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. 7. Rescission of Exercise of Authority Relating to the Terrorism
Grounds of Inadmissibility. The Secretary of State and the Secretary of
Homeland Security shall, in consultation with the Attorney General,
consider rescinding the exercises of authority permitted by section
212(d)(3)(B) of the INA, 8 U.S.C. 1182(d)(3)(B), relating to the
terrorism grounds of inadmissibility, as well as any related
implementing directives or guidance.
Sec. 8. 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 in-scope 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 set forth in
subsection (a) of this section. The initial report shall be submitted
within 100 days of the effective date of this order, a second report
shall be submitted within 200 days of the effective date of this order,
and a third report shall be submitted within 365 days of the effective
date of this order. The Secretary of Homeland Security shall submit
further reports every 180 days thereafter until the system is fully
deployed and operational.
Sec. 9. 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. This suspension
shall not apply to any foreign national traveling on a diplomatic or
diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa
for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa;
traveling for purposes related to an international organization
designated under the IOIA; or traveling for purposes of conducting
meetings or business with the United States Government.
(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 nonimmigrant visa-interview wait
times are not unduly affected.
Sec. 10. Visa Validity Reciprocity. The Secretary of State shall
review all nonimmigrant visa reciprocity agreements and arrangements 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 another country does not
treat United States nationals seeking nonimmigrant visas in a truly
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 that foreign country, to the extent
practicable.
Sec. 11. Transparency and Data Collection. (a) To be more
transparent with the American people and to implement more effectively
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 the following information:
(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 with or provision of material
support to a terrorism-related organization, or any other
national-security-related reasons;
(ii) information regarding the number of foreign nationals in the
United States who have been radicalized after entry into the United
States and who have 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;
(iii) information regarding the number and types of acts of
gender-based violence against women, including so-called "honor
killings," in the United States by foreign nationals; and
(iv) any other information relevant to public safety and security as
determined by the Secretary of Homeland Security or the Attorney
General, including information on the immigration status of foreign
nationals charged with major offenses.
(b) The Secretary of Homeland Security shall release the initial
report under subsection (a) of this section within 180 days of the
effective date of this order and shall include information for the
period from September 11, 2001, until the date of the initial report.
Subsequent reports shall be issued every 180 days thereafter and
reflect the period since the previous report.
Sec. 12. Enforcement. (a) The Secretary of State and the Secretary
of Homeland Security shall consult with appropriate domestic and
international partners, including countries and organizations, to ensure
efficient, effective, and appropriate implementation of the actions
directed in this order.
(b) In implementing this order, the Secretary of State and the
Secretary of Homeland Security shall comply with all applicable laws and
regulations, including, as appropriate, those providing an opportunity
for individuals to claim a fear of persecution or torture, such as the
credible fear determination for aliens covered by section 235(b)(1)(A)
of the INA, 8 U.S.C. 1225(b)(1)(A).
(c) No immigrant or nonimmigrant visa issued before the effective date
of this order shall be revoked pursuant to this order.
(d) Any individual whose visa was marked revoked or marked canceled as
a result of Executive Order 13769 shall be entitled to a travel
document confirming that the individual is permitted to travel to the
United States and seek entry. Any prior cancellation or revocation of a
visa that was solely pursuant to Executive Order 13769 shall not be the
basis of inadmissibility for any future determination about entry or
admissibility.
(e) This order shall not apply to an individual who has been granted
asylum, to a refugee who has already been admitted to the United States,
or to an individual granted withholding of removal or protection under
the Convention Against Torture. Nothing in this order shall be
construed to limit the ability of an individual to seek asylum,
withholding of removal, or protection under the Convention Against
Torture, consistent with the laws of the United States.
Sec. 13. Revocation. Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order.
Sec. 14. Effective Date. This order is effective at 12:01 a.m., eastern daylight time on March 16, 2017.
Sec. 15. Severability. (a) If any provision of this order, or the
application of any provision to any person or circumstance, is held to
be invalid, the remainder of this order and the application of its other
provisions to any other persons or circumstances shall not be affected
thereby.
(b) If any provision of this order, or the application of any
provision to any person or circumstance, is held to be invalid because
of the lack of certain procedural requirements, the relevant executive
branch officials shall implement those procedural requirements.
Sec. 16. 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.
DONALD J. TRUMP
THE WHITE HOUSE,
March 6, 2017.