[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]


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  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. 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. 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;
                    (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.
                    (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;
                    (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.

                    (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.

                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.

                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.

                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.
                    (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.

[[Page 8796]]

                    (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.
                    (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. 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.

                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.
                    (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