[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Presidential Documents]
[Pages 52355-52356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21505]


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  Federal Register / Vol. 84 , No. 190 / Tuesday, October 1, 2019 / 
Presidential Documents  

[[Page 52355]]


                Executive Order 13888 of September 26, 2019

                
Enhancing State and Local Involvement in Refugee 
                Resettlement

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. In resettling refugees into 
                American communities, it is the policy of the United 
                States to cooperate and consult with State and local 
                governments, to take into account the preferences of 
                State governments, and to provide a pathway for 
                refugees to become self-sufficient. These policies 
                support each other. Close cooperation with State and 
                local governments ensures that refugees are resettled 
                in communities that are eager and equipped to support 
                their successful integration into American society and 
                the labor force.

                The Federal Government consults with State and local 
                governments not only to identify the best environments 
                for refugees, but also to be respectful of those 
                communities that may not be able to accommodate refugee 
                resettlement. State and local governments are best 
                positioned to know the resources and capacities they 
                may or may not have available to devote to sustainable 
                resettlement, which maximizes the likelihood refugees 
                placed in the area will become self-sufficient and free 
                from long-term dependence on public assistance. Some 
                States and localities, however, have viewed existing 
                consultation as insufficient, and there is a need for 
                closer coordination and a more clearly defined role for 
                State and local governments in the refugee resettlement 
                process. My Administration seeks to enhance these 
                consultations.

                Section 6(d) of Executive Order 13780 of March 6, 2017 
                (Protecting the Nation from Foreign Terrorist Entry 
                into the United States), directed the Secretary of 
                State to determine the extent to which, consistent with 
                applicable law, State and local jurisdictions could 
                have greater involvement in the process of determining 
                the placement or resettlement of refugees in their 
                jurisdictions, and to devise a proposal to promote such 
                involvement.

                I have consulted with the Secretary of State and 
                determined that, with limited exceptions, the Federal 
                Government, as an exercise of its broad discretion 
                concerning refugee placement accorded to it by the 
                Constitution and the Immigration and Nationality Act, 
                should resettle refugees only in those jurisdictions in 
                which both the State and local governments have 
                consented to receive refugees under the Department of 
                State's Reception and Placement Program (Program).

                Sec. 2. Consent of States and Localities to the 
                Placement of Refugees. (a) Within 90 days of the date 
                of this order, the Secretary of State and the Secretary 
                of Health and Human Services shall develop and 
                implement a process to determine whether the State and 
                locality both consent, in writing, to the resettlement 
                of refugees within the State and locality, before 
                refugees are resettled within that State and locality 
                under the Program. The Secretary of State shall 
                publicly release any written consents of States and 
                localities to resettlement of refugees.

                    (b) Within 90 days of the date of this order, the 
                Secretary of State and the Secretary of Health and 
                Human Services shall develop and implement a process by 
                which, consistent with 8 U.S.C. 1522(a)(2)(D), the 
                State and the locality's consent to the resettlement of 
                refugees under the Program

[[Page 52356]]

                is taken into account to the maximum extent consistent 
                with law. In particular, that process shall provide 
                that, if either a State or locality has not provided 
                consent to receive refugees under the Program, then 
                refugees should not be resettled within that State or 
                locality unless the Secretary of State concludes, 
                following consultation with the Secretary of Health and 
                Human Services and the Secretary of Homeland Security, 
                that failing to resettle refugees within that State or 
                locality would be inconsistent with the policies and 
                strategies established under 8 U.S.C. 1522(a)(2)(B) and 
                (C) or other applicable law. If the Secretary of State 
                intends to provide for the resettlement of refugees in 
                a State or locality that has not provided consent, then 
                the Secretary shall notify the President of such 
                decision, along with the reasons for the decision, 
                before proceeding.
                    (c) Subsection (b) of this section shall not apply 
                to the resettlement of a refugee's spouse or child 
                following to join that refugee pursuant to 8 U.S.C. 
                1157(c)(2)(A).

                Sec. 3. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 26, 2019.

[FR Doc. 2019-21505
Filed 9-30-19; 11:15 am]
Billing code 3295-F0-P