[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7005-7007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01749]
Presidential Documents
Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 /
Presidential Documents
[[Page 7005]]
Proclamation 10141 of January 20, 2021
Ending Discriminatory Bans on Entry to the United
States
By the President of the United States of America
A Proclamation
The United States was built on a foundation of
religious freedom and tolerance, a principle enshrined
in the United States Constitution. Nevertheless, the
previous administration enacted a number of Executive
Orders and Presidential Proclamations that prevented
certain individuals from entering the United States--
first from primarily Muslim countries, and later, from
largely African countries. Those actions are a stain on
our national conscience and are inconsistent with our
long history of welcoming people of all faiths and no
faith at all.
Beyond contravening our values, these Executive Orders
and Proclamations have undermined our national
security. They have jeopardized our global network of
alliances and partnerships and are a moral blight that
has dulled the power of our example the world over. And
they have separated loved ones, inflicting pain that
will ripple for years to come. They are just plain
wrong.
Make no mistake, where there are threats to our Nation,
we will address them. Where there are opportunities to
strengthen information-sharing with partners, we will
pursue them. And when visa applicants request entry to
the United States, we will apply a rigorous,
individualized vetting system. But we will not turn our
backs on our values with discriminatory bans on entry
into the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States, by the authority vested in me by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and
1185(a), hereby find that it is in the interests of the
United States to revoke Executive Order 13780 of March
6, 2017 (Protecting the Nation From Foreign Terrorist
Entry Into the United States), Proclamation 9645 of
September 24, 2017 (Enhancing Vetting Capabilities and
Processes for Detecting Attempted Entry Into the United
States by Terrorists or Other Public-Safety Threats),
Proclamation 9723 of April 10, 2018 (Maintaining
Enhanced Vetting Capabilities and Processes for
Detecting Attempted Entry Into the United States by
Terrorists or Other Public-Safety Threats), and
Proclamation 9983 of January 31, 2020 (Improving
Enhanced Vetting Capabilities and Processes for
Detecting Attempted Entry Into the United States by
Terrorists or Other Public-Safety Threats). Our
national security will be enhanced by revoking the
Executive Order and Proclamations.
Accordingly, I hereby proclaim:
Section 1. Revocations. Executive Order 13780, and
Proclamations 9645, 9723, and 9983 are hereby revoked.
Sec. 2. Resumption of Visa Processing and Clearing the
Backlog of Cases in Waiver Processing. (a) The
Secretary of State shall direct all Embassies and
Consulates, consistent with applicable law and visa
processing procedures, including any related to
coronavirus disease 2019 (COVID-19), to resume visa
processing in a manner consistent with the revocation
of the
[[Page 7006]]
Executive Order and Proclamations specified in section
1 of this proclamation.
(b) Within 45 days of the date of this
proclamation, the Secretary of State shall provide to
the President a report that includes the following
elements:
(i) The number of visa applicants who were being considered for a waiver of
restrictions under Proclamation 9645 or 9983 on the date of this
proclamation and a plan for expeditiously adjudicating their pending visa
applications.
(ii) A proposal to ensure that individuals whose immigrant visa
applications were denied on the basis of the suspension and restriction on
entry imposed by Proclamation 9645 or 9983 may have their applications
reconsidered. This proposal shall consider whether to reopen immigrant visa
applications that were denied due to the suspension and restriction on
entry imposed by Proclamation 9645 or 9983, whether it is necessary to
charge an additional fee to process those visa applications, and
development of a plan for the Department of State to expedite consideration
of those visa applications.
(iii) A plan to ensure that visa applicants are not prejudiced as a result
of a previous visa denial due to the suspension and restriction on entry
imposed by Proclamation 9645 or 9983 if they choose to re-apply for a visa.
Sec. 3. Review of Information-Sharing Relationships and
a Plan to Strengthen Partnerships. Within 120 days of
the date of this proclamation, the Secretary of State
and the Secretary of Homeland Security, in consultation
with the Director of National Intelligence, shall
provide to the President a report consisting of the
following elements:
(a) A description of the current screening and
vetting procedures for those seeking immigrant and
nonimmigrant entry to the United States. This should
include information about any procedures put in place
as a result of any of the Executive Order and
Proclamations revoked in section 1 of this proclamation
and should also include an evaluation of the usefulness
of form DS-5535.
(b) A review of foreign government information-
sharing practices vis-[agrave]-vis the United States in
order to evaluate the efficacy of those practices,
their contribution to processes for screening and
vetting those individuals seeking entry to the United
States as immigrants and nonimmigrants, and how the
United States ensures the accuracy and reliability of
the information provided by foreign governments.
(c) Recommendations to improve screening and
vetting activities, including diplomatic efforts to
improve international information-sharing, use of
foreign assistance funds, where appropriate, to support
capacity building for information-sharing and identity-
management practices, and ways to further integrate
relevant executive department and agency data into the
vetting system.
(d) A review of the current use of social media
identifiers in the screening and vetting process,
including an assessment of whether this use has
meaningfully improved screening and vetting, and
recommendations in light of this assessment.
Sec. 4. General Provisions. (a) Nothing in this
proclamation 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 proclamation shall be implemented in a
manner consistent with applicable law and subject to
the availability of appropriations.
(c) This proclamation is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by
[[Page 7007]]
any party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
twentieth day of January, in the year of our Lord two
thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
fifth.
(Presidential Sig.)
[FR Doc. 2021-01749
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P