[Weekly Compilation of Presidential Documents Volume 38, Number 47 (Monday, November 25, 2002)]
[Pages 2043-2044]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13276--Delegation of Responsibilities Concerning 
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region

November 15, 2002

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 212(f) and 
215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 
1182(f) and 1185(a)(1)), and section 301 of title 3, United States Code, 
and in order to delegate appropriate responsibilities to Federal 
agencies for responding to migration of undocumented aliens in the 
Caribbean region, it is hereby ordered:
    Section 1. Duties and Authorities of Agency Heads. Consistent with 
applicable law,
    (a)(i) The Attorney General may maintain custody, at any location he 
deems appropriate, of any undocumented aliens he has reason to believe 
are seeking to enter the United States and who are interdicted or 
intercepted in the Caribbean region. In this regard, the Attorney 
General shall provide and operate a facility, or facilities, to house 
and provide for the needs of any such aliens. Such a facility may be 
located at Guantanamo Bay Naval Base or any other appropriate location.
    (ii) The Attorney General may conduct any screening of such aliens 
that he deems appropriate, including screening to determine whether such 
aliens should be returned to their country of origin or transit, or 
whether they are persons in need of protection who should not be 
returned without their consent. If the Attorney General institutes such 
screening, then until a determination is made, the Attorney General 
shall provide for the custody, care, safety, transportation, and other 
needs of the aliens. The Attorney General shall continue to provide for 
the custody, care, safety, transportation, and other needs of aliens who 
are determined not to be persons in need of protection until such time 
as they are returned to their country of origin or transit.
    (b) The Secretary of State shall provide for the custody, care, 
safety, transportation, and other needs of undocumented aliens 
interdicted or intercepted in the Caribbean region whom the Attorney 
General has identified as persons in need of protection. The Secretary 
of State shall provide for and execute a process for resettling such 
persons in need of protection, as appropriate, in countries other than 
their country of origin, and shall also undertake such diplomatic 
efforts as may be necessary to address the problem of illegal migration 
of aliens in the Caribbean region and to facilitate the return of those 
aliens who are determined not to be persons in need of protection.
    (c)(i) The Secretary of Defense shall make available to the Attorney 
General and the Secretary of State, for the housing and care of any 
undocumented aliens interdicted or intercepted in the Caribbean region 
and taken into their custody, any facilities at Guantanamo Bay Naval 
Base that are excess to current military needs and the provision of 
which does not interfere with the operation and security of the base. 
The Secretary of Defense shall be responsible for providing access to 
such facilities and perimeter security. The Attorney General and the 
Secretary of State, respectively, shall be responsible for reimbursement 
for necessary supporting utilities.
    (ii) In the event of a mass migration in the Caribbean region, the 
Secretary of Defense shall provide support to the Attorney General and 
the Secretary of State in carrying out the duties described in 
paragraphs (a) and (b) of this section regarding the custody, care, 
safety, transportation, and other needs of the aliens, and shall assume 
primary responsibility for these duties on a nonreimbursable basis as 
necessary to contain the threat to national security posed by the

[[Page 2044]]

migration. The Secretary of Defense shall also provide support to the 
Coast Guard in carrying out the duties described in Executive Order 
12807 of May 24, 1992, regarding interdiction of migrants.
    Sec. 2. Definitions. For purposes of this order, the term ``mass 
migration'' means a migration of undocumented aliens that is of such 
magnitude and duration that it poses a threat to the national security 
of the United States, as determined by the President.
    Sec. 3. Scope.
    (a) Nothing in this order shall be construed to impair or otherwise 
affect the authorities and responsibilities set forth in Executive Order 
12807 of May 24, 1992.
    (b) Nothing in this order shall be construed to make reviewable in 
any judicial or administrative proceeding, or otherwise, any action, 
omission, or matter that otherwise would not be reviewable.
    (c) This order is intended only to improve the management of the 
executive branch. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at law or 
equity or otherwise against the United States, its departments, 
agencies, entities, instrumentalities, officers, employees, or any other 
person.
    (d) Any agency assigned any duties by this order may use the 
provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out 
such duties, to the extent permitted by such Act.
    (e) This order shall not be construed to require any procedure to 
determine whether a person is a refugee or otherwise in need of 
protection.
                                                George W. Bush
 The White House,
 November 15, 2002.

[Filed with the Office of the Federal Register, 11:24 a.m., November 18, 
2002]

Note: This Executive order was published in the Federal Register on 
November 19. This item was not received in time for publication in the 
appropriate issue.