    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9880 of May 8, 2019

    Addressing Mass Migration Through the Southern Border of the United
    States

    By the President of the United States of America

    A Proclamation

    In Proclamation 9822 of November 9, 2018 (Addressing Mass Migration
    Through the Southern Border of the United States), I found that our
    immigration and asylum system is in crisis as a consequence of the mass
    migration of aliens across the border between the United States and
    Mexico (southern border). Accordingly, pursuant to sections 212(f) and
    215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f)
    and 1185(a), respectively), I found that the unlawful entry of aliens
    through that border is detrimental to the interests of the United States
    and suspended and limited entry of such aliens. I exempted from the
    scope of Proclamation 9822 any alien who entered the United States at a
    port of entry and properly presented for inspection, as well as any
    lawful permanent resident of the United States. In Proclamation 9842 of
    February 7, 2019 (Addressing Mass Migration Through the Southern Border
    of the United States), I extended Proclamation 9822 for 90 days because
    I found that ``the problem of large numbers of aliens traveling through
    Mexico to enter our country unlawfully or without proper documentation
    has not materially improved, and indeed in several respects has
    worsened, since November 9, 2018.''
    Section 2(d) of Proclamation 9842 directed the Secretary of State, the
    Attorney General, and the Secretary of Homeland Security jointly to
    submit to me a recommendation on whether a further extension or renewal
    of the suspension or limitation on entry in Proclamation 9822 is in the
    interests of the United States. Those officials have jointly recommended
    extending the suspension and limitation for an additional 90 days beyond
    the date when the United States obtains relief from the preliminary
    injunction of the interim final rule titled ``Aliens Subject to a Bar on
    Entry Under Certain Presidential Proclamations; Procedures for
    Protection Claims'' that was promulgated by the Departments of Justice
    and Homeland Security on November 9, 2018.
    As that recommendation reflects, the situation along the southern border
    has continued to deteriorate. In November 2018, a daily average of
    approximately 2,000 inadmissible aliens attempted entry into the United
    States. Today that average has risen to approximately 3,900. United
    States Border Patrol (USBP) apprehensions, which occur between ports of
    entry, have more than doubled from January to April of this year. From
    January through April, USBP apprehensions at the southern border are
    projected to reach approximately 460,000, a 4-month total that exceeds
    the totals from 8 of the last 10 fiscal years. The high percentage of
    children and families among these apprehensions places additional strain
    on the resources devoted to defense of the southern border. Moreover,
    large, organized groups of aliens continue to travel through Mexico
    toward the United States with the reported intention to enter the United
    States unlawfully or without proper documentation.
    The ability of the United States to address these problems continues to
    be hampered by a nationwide injunction issued by a United States

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    District Court judge in the Northern District of California. That
    injunction currently prevents the Attorney General and the Secretary of
    Homeland Security from implementing an interim final rule that would
    render any alien who enters the country in contravention of a
    proclamation limiting or suspending entry at the southern border,
    including Proclamation 9822, ineligible to be granted asylum. The United
    States is appealing that injunction. Should the injunction be lifted,
    aliens who enter the United States unlawfully through the southern
    border in contravention of this proclamation will be ineligible to be
    granted asylum under that interim final rule.
    As President, I must act to protect the national interest and to
    maintain an effectively functioning asylum system for legitimate asylum
    seekers who demonstrate that they have fled persecution and warrant the
    many special benefits associated with being granted asylum. In view of
    the foregoing circumstances, and the joint recommendation from the
    Secretary of State, the Attorney General, and the Secretary of Homeland
    Security, I have determined to extend the suspension and limitation, as
    set forth below, on entry into the United States through the southern
    border established by Proclamation 9822 and extended by Proclamation
    9842.
    NOW, THEREFORE, I, DONALD J. TRUMP, 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 INA, 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 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 alien
    into the United States across the international boundary between the
    United States and Mexico is hereby suspended and limited, subject to
    section 2 of this proclamation. That suspension and limitation shall
    expire 90 days after the date on which the United States obtains relief
    from all injunctions that prevent full implementation of the interim
    final rule promulgated by the Departments of Justice and Homeland
    Security on November 9, 2018, or the date on which an agreement permits
    the United States to remove aliens to Mexico in compliance with the
    terms of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)),
    whichever is earlier.
    Sec. 2. 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 only to aliens who enter the United States
    after the date of this proclamation.
    (b) The suspension and limitation on entry pursuant to section 1 of
    this proclamation shall not apply to any alien who enters the United
    States at a port of entry and properly presents for inspection, or to
    any lawful permanent resident of the United States.
    (c) Nothing in this proclamation shall limit an alien entering the
    United States from being considered for withholding of removal under
    section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) or protection
    pursuant to the regulations promulgated under the authority of the
    implementing legislation regarding the Convention Against Torture and
    Other Cruel, Inhuman or Degrading Treatment or Punishment, or limit

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    the statutory processes afforded to unaccompanied alien children upon
    entering the United States under section 279 of title 6, United States
    Code, and section 1232 of title 8, United States Code.
    (d) No later than 75 days after the date when the United States
    obtains relief from all injunctions that prevent full implementation of
    the interim final rule promulgated by the Departments of Justice and
    Homeland Security on November 9, 2018, the Secretary of State, the
    Attorney General, and the Secretary of Homeland Security shall jointly
    submit to the President, through the Assistant to the President for
    National Security Affairs, a recommendation on whether the suspension or
    limitation on entry in section 1 of this proclamation continues to be in
    the interests of the United States. If, at the time that all injunctions
    are lifted, the Secretary of State, the Attorney General, and the
    Secretary of Homeland Security are of the view that circumstances no
    longer warrant the suspension or limitation on entry, they shall so
    advise me.
    Sec. 3. Interdiction. The Secretary of State and the Secretary of
    Homeland Security shall continue to consult with the Government of
    Mexico regarding appropriate steps--consistent with applicable law and
    the foreign policy, national security, and public-safety interests of
    the United States--to address the approach of large groups of aliens
    traveling through Mexico with the intent of entering the United States
    unlawfully, including efforts to deter, dissuade, and return such aliens
    before they physically enter United States territory through the
    southern border.
    Sec. 4. 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:
    (a) if any provision of this proclamation, or the application of any
    provision to any person or circumstance, is held to be invalid, the
    remainder of this proclamation and the application of its other
    provisions to any other persons or circumstances shall not be affected
    thereby; and
    (b) if any provision of this proclamation, or the application of any
    provision to any person or circumstance, is held to be invalid because
    of the failure to follow certain procedures, the relevant executive
    branch officials shall implement those procedural requirements to
    conform with existing law and with any applicable court orders.
    Sec. 5. 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 eighth day of May,
    in the year of our Lord two thousand nineteen, and of the

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    Independence of the United States of America the two hundred and forty-
    third.
    DONALD J. TRUMP