[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.
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. 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
(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;
(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.
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)).
(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.
(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.
(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.
(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. 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.
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
(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