[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Presidential Documents]
[Pages 48487-48493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12647]


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  Federal Register / Vol. 89 , No. 111 / Friday, June 7, 2024 / 
Presidential Documents  

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[[Page 48487]]


                Proclamation 10773 of June 3, 2024

                
Securing the Border

                By the President of the United States of America

                A Proclamation

                There are more people around the world who are 
                displaced from their homes today than at any point in 
                time since World War II. Many factors have contributed 
                to this problem. Failing regimes and dire economic 
                conditions afflict many countries, including several in 
                the Western Hemisphere. Violence linked to 
                transnational criminal organizations has displaced 
                substantial numbers of people in Latin America. The 
                global COVID-19 pandemic upended societies around the 
                globe. Natural disasters have forced people from their 
                homes.

                As a result of these global conditions, we have been 
                experiencing substantial levels of migration throughout 
                the Western Hemisphere, including at our southwest land 
                border. In 2019, encounters nearly doubled from their 
                2018 level to almost 1 million. In 2020, the global 
                COVID-19 pandemic led countries throughout the world to 
                shut their borders and suspend international travel; 
                however, once the pandemic began to recede, 
                international travel resumed, and we again experienced 
                elevated levels of migration throughout the Western 
                Hemisphere, including at our southwest land border.

                On May 11, 2023, as part of my Administration's work to 
                prepare for the end of the Centers for Disease Control 
                and Prevention's public health order under title 42, 
                United States Code, and to return to processing all 
                noncitizens under immigration authorities under title 
                8, United States Code (title 8), the Department of 
                Homeland Security (DHS) and the Department of Justice 
                (DOJ) issued a final rule, entitled Circumvention of 
                Lawful Pathways (Lawful Pathways rule), encouraging the 
                use of lawful pathways and imposing a rebuttable 
                presumption of asylum ineligibility on those who do not 
                use them.

                The Lawful Pathways rule was designed to address the 
                high levels of migration throughout the Western 
                Hemisphere and further discourage irregular migration 
                by encouraging migrants to use lawful, safe, and 
                orderly processes for entering the United States or to 
                seek protection in other partner nations; imposing a 
                presumptive condition on asylum eligibility for those 
                who fail to do so; and supporting the swift return of 
                those who do not have valid protection claims.

                As a complement to the Lawful Pathways rule and 
                associated enforcement efforts, the Department of State 
                and DHS have taken significant steps to expand safe and 
                orderly pathways for migrants to enter the United 
                States lawfully. Those steps include establishing Safe 
                Mobility Offices in Colombia, Costa Rica, Ecuador, and 
                Guatemala to facilitate access to lawful pathways; 
                expanding country-specific and other available 
                processes to seek parole on a case-by-case basis for 
                urgent humanitarian reasons or significant public 
                benefit; expanding access to visa programs for seasonal 
                employment; establishing a mechanism for noncitizens to 
                schedule a time and place to present at ports of entry 
                in a safe, orderly, and lawful manner through the CBP 
                One mobile application; and expanding refugee 
                admissions from the Western Hemisphere from 5,000 in 
                Fiscal Year 2021 to up to 50,000 in Fiscal Year 2024.

[[Page 48488]]

                The Lawful Pathways rule and these complementary 
                measures have made a substantial impact. On May 12, 
                2023, DHS returned to processing all noncitizens under 
                title 8 immigration authorities and is processing 
                noncitizens at record scale and efficiency. Since then, 
                my Administration has maximized the use of expedited 
                removal to the greatest extent possible given limited 
                resources, placing more than 970 individuals 
                encountered at and between ports of entry at the 
                southwest land border into the process each day on 
                average and conducting more than 152,000 credible fear 
                interviews, both of which are record highs. As a 
                result, from May 12, 2023, to May 1, 2024, my 
                Administration removed or returned more than 720,000 
                noncitizens who did not have a lawful basis to remain 
                in the United States, the vast majority of whom crossed 
                the southwest land border. Total removals and returns 
                in the 12 months following May 12, 2023, exceeded 
                removals and returns in every full Fiscal Year since 
                2010. The majority of all individuals encountered at 
                the southwest land border from Fiscal Year 2021 to 
                Fiscal Year 2023 were removed, returned, or expelled.

                Despite these efforts, and after months of reduced 
                encounter levels following the changes put in place 
                after May 12, 2023, encounter levels increased toward 
                the end of 2023, and December 2023 saw the highest 
                level of encounters between ports of entry in history, 
                as increasing numbers of people migrated through the 
                Western Hemisphere. The challenges presented by this 
                surge in migration, which would have been even worse 
                had the Lawful Pathways rule and other measures not 
                been in place, were compounded by the fact that the 
                surge was focused increasingly on western areas of the 
                border in California and Arizona that are 
                geographically remote, challenging to address, and 
                without sufficient pre-existing infrastructure or 
                resources to respond to the surge. From January to 
                March 2024, encounters decreased from and have remained 
                below levels experienced in November and December 2023, 
                including as a result of increased enforcement by the 
                United States and partner countries. However, the 
                factors that are driving the unprecedented movement of 
                people in our hemisphere remain, and there is still a 
                substantial and elevated level of migration that 
                continues to pose significant operational challenges.

                The current situation is also the direct result of the 
                Congress's failure to update an immigration and asylum 
                system that is simply broken--and not equipped to meet 
                current needs. While my Administration has vigorously 
                enforced the law within the constraints imposed by the 
                existing system, the statutory framework put in place 
                by the Congress is outdated. For the vast majority of 
                people in immigration proceedings, the current laws 
                make it impossible to quickly grant protection to those 
                who require it and to quickly remove those who do not 
                establish a legal basis to remain in the United States. 
                This reality is compounded by the fact that the 
                Congress has chronically underfunded our border 
                security and immigration system and has failed to 
                provide the resources or reforms it needs to be able to 
                deliver timely consequences to most individuals who 
                cross unlawfully and cannot establish a legal basis to 
                remain in the United States.

                Despite the strengthened consequences in place at our 
                border through the Lawful Pathways rule and the related 
                measures that have led to record returns and removals, 
                encounter levels are exceeding our capacity to deliver 
                those consequences in a timely manner due to the 
                outdated laws and limited resources we have available.

                My Administration has repeatedly asked the Congress to 
                update the outdated and inadequate immigration 
                statutes, to create a legal framework that is 
                functional and addresses current realities, and to 
                provide additional resources so that we can more 
                effectively deliver consequences at the border. In 
                August 2023, I requested more than $4 billion in 
                additional funding for border security and related 
                migration issues, including more than $2 billion for 
                urgent DHS border management requirements. The Congress 
                failed to act. In October 2023, I requested $13.6 
                billion for border enforcement and migration 
                management. This request included more than $5 billion 
                for DHS

[[Page 48489]]

                to manage conditions on the southern border, as well as 
                funding for critical capacity enhancements to keep the 
                southern border secure. The Congress once again failed 
                to provide our border and immigration system with the 
                resources it needs to deliver timely consequences to 
                those who cross unlawfully.

                In early February 2024, a bipartisan group of Senators 
                introduced legislation (bipartisan legislative 
                proposal) containing the toughest and fairest reforms 
                of our asylum laws in decades that would have provided 
                new authorities to significantly streamline and speed 
                up immigration enforcement proceedings for individuals 
                encountered at the border, including those who are 
                seeking protection. Critically, the bipartisan 
                legislative proposal included nearly $20 billion in 
                additional resources for DHS and other departments to 
                implement those new authorities, such as:

                    (a) over 1,500 new U.S. Customs and Border 
                Protection (CBP) personnel, including Border Patrol 
                agents and CBP officers;
                    (b) over 4,300 new asylum officers and additional 
                U.S. Citizenship and Immigration Services staff to 
                facilitate timely and fair decisions;
                    (c) 100 new immigration judge teams to help reduce 
                the asylum caseload backlog and adjudicate cases more 
                quickly;
                    (d) shelter and critical services for newcomers in 
                our cities and States; and
                    (e) 1,200 new U.S. Immigration and Customs 
                Enforcement personnel for functions including 
                enforcement and deportations.

                While the bipartisan legislative proposal did not 
                include everything we wanted, senior officials from my 
                Administration worked closely with the bipartisan group 
                of Senators to ensure that the reforms would adequately 
                address the challenges that we have been facing at our 
                southern border for more than a decade. However, the 
                Congress failed to move forward with this bipartisan 
                legislative proposal.

                The Further Consolidated Appropriations Act, 2024 
                (Public Law 118-47) increased funding for DHS over 
                Fiscal Year 2023, but it did not address the needs 
                identified in various related supplemental requests, 
                nor did it equip the Federal Government with the new 
                authorities from the bipartisan legislative proposal. 
                In May 2024, when the Senate again considered the 
                bipartisan legislative proposal, the Senate failed to 
                advance the measure.

                Our broken immigration system is directly contributing 
                to the historic migration we are seeing throughout the 
                Western Hemisphere, exacerbated by poor economic 
                conditions, natural disasters, and general insecurity, 
                and this fact, combined with inadequate resources to 
                keep pace, has once again severely strained our 
                capacity at the border. The result is a vicious cycle 
                in which our United States Border Patrol facilities 
                constantly risk overcrowding, our detention system has 
                regularly been at capacity, and our asylum system 
                remains backlogged and cannot deliver timely decisions, 
                all of which spurs more people to make the dangerous 
                journey north to the United States.

                The Congress's failure to deliver meaningful policy 
                reforms and adequate funding, despite repeated requests 
                that they do so, is a core cause of this problem. Under 
                current law, whenever a noncitizen in expedited removal 
                indicates an intention to apply for asylum or a fear of 
                persecution, they are referred for an interview with an 
                asylum officer and cannot be removed through expedited 
                removal if there is a significant possibility that they 
                could establish eligibility for asylum. This screening 
                standard is a requirement imposed by the Congress, but 
                it has not functioned well in predicting ultimate 
                success in asylum proceedings. From 2014 to 2019, 83 
                percent of individuals referred for an interview with 
                an asylum officer passed the screening stage, meaning 
                that they were not removed pursuant to expedited 
                removal, but less than 25 percent of cases ultimately 
                resulted in a grant of asylum or other protection, 
                often after waiting years to reach a final

[[Page 48490]]

                decision. By imposing a rebuttable presumption of 
                asylum ineligibility on those who cross the border 
                unlawfully, the Lawful Pathways rule has made a 
                meaningful impact in reducing this disparity. The 
                screen-in rate from May 12, 2023, to March 31, 2024, 
                dropped to 52 percent for individuals who are subject 
                to the rebuttable presumption of asylum ineligibility. 
                However, the Lawful Pathways rule alone is inadequate 
                during times of record encounter levels and cannot 
                change the underlying statutory limitations.

                Data confirm that the system has been badly strained 
                for many years and is not functioning to provide timely 
                relief for those who warrant it or timely consequences 
                for those without viable protection claims. Due to an 
                outdated and inefficient system and insufficient 
                resources that do not allow for prompt adjudication of 
                claims, too many people have had to be processed by the 
                Border Patrol and released with a notice to appear in 
                removal proceedings before an immigration judge since 
                May 2023. The U.S. Citizenship and Immigration Service 
                affirmative asylum backlog is now over 1 million cases 
                and growing, with over 300,000 applications filed prior 
                to 2021 still pending. At the end of Fiscal Year 2023, 
                there were over 2.4 million cases pending in the 
                immigration courts. Pending cases more than doubled 
                from the end of Fiscal Year 2016 to the end of Fiscal 
                Year 2020 and doubled again between that time and the 
                end of Fiscal Year 2023. Between Fiscal Year 2006 and 
                the end of Fiscal Year 2023, in tandem with historic 
                increases in filings to initiate immigration court 
                proceedings, the immigration courts' pending caseload 
                increased from approximately 170,000 to approximately 
                2.46 million. During Fiscal Year 2023, immigration 
                judges completed more cases than they ever had before 
                in a single year, but more than twice as many cases 
                were received by the immigration courts than were 
                completed.

                The status quo system--the result of outdated laws and 
                inadequate resources--has become a driver for unlawful 
                migration throughout the region and an increasingly 
                lucrative source of income for dangerous transnational 
                criminal organizations and other criminal smuggling 
                organizations that, without countermeasures, will 
                continue to grow in strength and pose significant 
                threats to the safety and security of United States 
                communities and migrants, as well as countries 
                throughout the region.

                Considering these trends and the decades-long failure 
                of the Congress to address the problem through systemic 
                reform and adequate funding, and following the 
                Congress's failure to pass the bipartisan legislative 
                proposal, I must exercise my executive authorities to 
                meet the moment. This proclamation answers the call by 
                suspending entry of noncitizens across the southern 
                border during this time of high border crossings. 
                Appropriate exceptions are provided, such as for those 
                who are particularly vulnerable or present pursuant to 
                a process the Secretary of Homeland Security determines 
                is appropriate to allow for safe and orderly processing 
                into the United States. That process will continue to 
                allow for individuals to seek entry to this country 
                each day in a safe and orderly manner, and following 
                their arrival, to seek protection through the 
                appropriate process. This proclamation, in conjunction 
                with steps to be taken by DOJ and DHS, is needed to 
                enhance our ability to address the historic levels of 
                migration and more efficiently process migrants 
                arriving at the southern border given current resource 
                levels.

                These actions do not change or fully compensate for the 
                fact that our immigration system is under-resourced and 
                broken, nor do they change the fact that there are 
                significant limits to what can be achieved without the 
                Congress fulfilling its responsibility to help solve 
                the unprecedented challenge that we are facing. No 
                executive action can deliver the significant policy 
                reforms and additional resources that were in the 
                bipartisan legislative proposal. But I will continue to 
                take actions, within these constraints, to address the 
                situation at our southern border.

                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

[[Page 48491]]

                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)) and section 301 of title 3, United 
                States Code, hereby find that, absent the measures set 
                forth in this proclamation, the entry into the United 
                States of persons described in section 1 of this 
                proclamation under circumstances described in section 2 
                of this proclamation would be detrimental to the 
                interests of the United States, and that their entry 
                should be subject to certain restrictions, limitations, 
                and exceptions. I therefore hereby proclaim the 
                following:

                Section 1. Suspension and Limitation on Entry. The 
                entry of any noncitizen into the United States across 
                the southern border is hereby suspended and limited, 
                subject to section 3 of this proclamation. This 
                suspension and limitation on entry shall be effective 
                at 12:01 a.m. eastern daylight time on June 5, 2024. 
                The suspension and limitation directed in this 
                proclamation shall be discontinued pursuant to 
                subsection 2(a) of this proclamation, subject to 
                subsection 2(b) of this proclamation.

                Sec. 2. Applicability of Suspension and Limitation on 
                Entry. (a) The Secretary of Homeland Security shall 
                monitor the number of daily encounters and, subject to 
                subsection (b) of this section, the suspension and 
                limitation on entry pursuant to section 1 of this 
                proclamation shall be discontinued at 12:01 a.m. 
                eastern time on the date that is 14 calendar days after 
                the Secretary makes a factual determination that there 
                has been a 7-consecutive-calendar-day average of less 
                than 1,500 encounters, not including encounters 
                described in subsection 4(a)(iii) of this proclamation.

                    (b) Notwithstanding a factual determination made 
                under subsection (a) of this section, the suspension 
                and limitation on entry pursuant to section 1 of this 
                proclamation shall apply at 12:01 a.m. eastern time on 
                the calendar day immediately after the Secretary has 
                made a factual determination that there has been a 7-
                consecutive-calendar-day average of 2,500 encounters or 
                more, not including encounters described in subsection 
                4(a)(iii) of this proclamation, until such suspension 
                and limitation on entry is discontinued pursuant to 
                subsection (a) of this section.
                    (c) For purposes of subsection (a) and subsection 
                (b) of this section, unaccompanied children (as defined 
                in section 279(g)(2) of title 6, United States Code) 
                from non-contiguous countries shall not be included in 
                calculating the number of encounters.

                Sec. 3. Scope and Implementation of Suspension and 
                Limitation on Entry. (a) The suspension and limitation 
                on entry pursuant to section 1 of this proclamation 
                shall apply across the southern border to noncitizens, 
                other than those described in subsection (b) of this 
                section, during such times that the suspension and 
                limitation on entry is in effect.

                    (b) The suspension and limitation on entry pursuant 
                to section 1 of this proclamation shall not apply to:

(i) any noncitizen national of the United States;

(ii) any lawful permanent resident of the United States;

(iii) any unaccompanied child as defined in section 279(g)(2) of title 6, 
United States Code;

(iv) any noncitizen who is determined to be a victim of a severe form of 
trafficking in persons, as defined in section 7102(16) of title 22, United 
States Code;

(v) any noncitizen who has a valid visa or other lawful permission to seek 
entry or admission into the United States, or presents at a port of entry 
pursuant to a pre-scheduled time and place, including:

  (A) members of the United States Armed Forces and associated personnel, 
United States Government employees or contractors on orders abroad, or 
their accompanying family members who are on their orders or are members of 
their household;

[[Page 48492]]

  (B) noncitizens who hold a valid visa or who have all necessary documents 
required for admission consistent with the requirements of section 
1182(a)(7) of title 8, United States Code, upon arrival at a port of entry;

  (C) noncitizens traveling pursuant to the visa waiver program as 
described in section 1187 of title 8, United States Code; and

  (D) noncitizens who arrive in the United States at a southwest land 
border port of entry pursuant to a process the Secretary of Homeland 
Security determines is appropriate to allow for the safe and orderly entry 
of noncitizens into the United States;

(vi) any noncitizen who is permitted to enter by the Secretary of Homeland 
Security, acting through a CBP immigration officer, based on the totality 
of the circumstances, including consideration of significant law 
enforcement, officer and public safety, urgent humanitarian, and public 
health interests at the time of the entry or encounter that warranted 
permitting the noncitizen to enter; and

(vii) any noncitizen who is permitted to enter by the Secretary of Homeland 
Security, acting through a CBP immigration officer, due to operational 
considerations at the time of the entry or encounter that warranted 
permitting the noncitizen to enter.

                    (c) An exception under subsection (b) of this 
                section from the suspension and limitation on entry 
                pursuant to section 1 of this proclamation does not 
                affect a noncitizen's inadmissibility under the 
                Immigration and Nationality Act for a reason other than 
                the applicability of this proclamation.
                    (d) The Secretary of Homeland Security and the 
                Attorney General are authorized to issue any 
                instructions, orders, or regulations as may be 
                necessary to implement this proclamation, including the 
                determination of the exceptions in subsection (b) of 
                this section, and shall promptly consider issuing any 
                instructions, orders, or regulations as may be 
                necessary to address the circumstances at the southern 
                border, including any additional limitations and 
                conditions on asylum eligibility that they determine 
                are warranted, subject to any exceptions that they 
                determine are warranted.
                    (e) Nothing in this proclamation shall limit the 
                statutory processes afforded to unaccompanied children 
                upon entering the United States under section 279 of 
                title 6, United States Code, and section 1232 of title 
                8, United States Code.

                Sec. 4. Definitions. (a) The term ``encounter'' refers 
                to a noncitizen who:

(i) is physically apprehended by CBP immigration officers within 100 miles 
of the United States southwest land border during the 14-day period 
immediately after entry between ports of entry;

(ii) is physically apprehended by DHS personnel at the southern coastal 
borders during the 14-day period immediately after entry between ports of 
entry; or

(iii) is determined to be inadmissible at a southwest land border port of 
entry.

                    (b) The term ``southern coastal borders'' means all 
                maritime borders in Texas, Louisiana, Mississippi, 
                Alabama, and Florida; all maritime borders proximate to 
                the southwest land border, the Gulf of Mexico, and the 
                southern Pacific coast in California; and all maritime 
                borders of the United States Virgin Islands and Puerto 
                Rico.
                    (c) The term ``southwest land border'' means the 
                entirety of the United States land border with Mexico.
                    (d) The term ``southern border'' means the 
                southwest land border and the southern coastal borders.

                Sec. 5. Severability. It is the policy of the United 
                States to enforce this proclamation to the maximum 
                extent possible to advance the interests of the United 
                States. Accordingly, if any provision of this 
                proclamation, or the application of any provision to 
                any person or circumstance, is held

[[Page 48493]]

                to be invalid, the remainder of this proclamation and 
                the application of its provisions to any other persons 
                or circumstances shall not be affected thereby.

                Sec. 6. 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 
                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 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 
                third day of June, in the year of our Lord two thousand 
                twenty-four, and of the Independence of the United 
                States of America the two hundred and forty-eighth.
                
                
                    (Presidential Sig.)

[FR Doc. 2024-12647
Filed 6-6-24; 8:45 am]
Billing code 3395-F4-P