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

 
Proclamation 9842 of February 7, 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.
Section 2(d) of Proclamation 9822 directed the Secretary of State, the
Attorney General, and the Secretary of Homeland Security jointly to
submit to me a recommendation on whether an extension or renewal of the
suspension and limitation on entry in Proclamation 9822 is in the
interests of the United States. Those officials have now jointly
recommended extending the suspension and limitation for an additional 90
days.
As that recommendation reflects, 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. An average of
approximately 2,000 inadmissible aliens continue to enter the United
States each day at our southern border. And large, organized groups of
aliens continue to travel through Mexico towards 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 those problems has also been
hampered by a nationwide injunction issued by a United States District
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

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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.
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 of this proclamation 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 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 of this proclamation, 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
an extension or renewal of the suspension or limitation on entry in
section 1 of this proclamation is in the interests of the United States.
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.

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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 seventh day of
February, in the year of our Lord two thousand nineteen, and of the
Independence of the United States of America the two hundred and forty-
third.
DONALD J. TRUMP