Protecting the Nation From Foreign Terrorist Entry Into the United States, 8977-8982 [2017-02281]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Presidential Documents]
[Pages 8977-8982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02281]



[[Page 8975]]

Vol. 82

Wednesday,

No. 20

February 1, 2017

Part II





The President





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Executive Order 13769--Protecting the Nation From Foreign Terrorist 
Entry Into the United States



Memorandum of January 27, 2017--Rebuilding the U.S. Armed Forces


                        Presidential Documents 



Federal Register / Vol. 82 , No. 20 / Wednesday, February 1, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 8977]]

                Executive Order 13769 of January 27, 2017

                
Protecting the Nation From Foreign Terrorist 
                Entry Into the United States

                By the authority vested in me as President by the 
                Constitution and laws of the United States of America, 
                including the Immigration and Nationality Act (INA), 8 
                U.S.C. 1101 et seq., and section 301 of title 3, United 
                States Code, and to protect the American people from 
                terrorist attacks by foreign nationals admitted to the 
                United States, it is hereby ordered as follows:

                Section 1. Purpose. The visa-issuance process plays a 
                crucial role in detecting individuals with terrorist 
                ties and stopping them from entering the United States. 
                Perhaps in no instance was that more apparent than the 
                terrorist attacks of September 11, 2001, when State 
                Department policy prevented consular officers from 
                properly scrutinizing the visa applications of several 
                of the 19 foreign nationals who went on to murder 
                nearly 3,000 Americans. And while the visa-issuance 
                process was reviewed and amended after the September 11 
                attacks to better detect would-be terrorists from 
                receiving visas, these measures did not stop attacks by 
                foreign nationals who were admitted to the United 
                States.

                Numerous foreign-born individuals have been convicted 
                or implicated in terrorism-related crimes since 
                September 11, 2001, including foreign nationals who 
                entered the United States after receiving visitor, 
                student, or employment visas, or who entered through 
                the United States refugee resettlement program. 
                Deteriorating conditions in certain countries due to 
                war, strife, disaster, and civil unrest increase the 
                likelihood that terrorists will use any means possible 
                to enter the United States. The United States must be 
                vigilant during the visa-issuance process to ensure 
                that those approved for admission do not intend to harm 
                Americans and that they have no ties to terrorism.

                In order to protect Americans, the United States must 
                ensure that those admitted to this country do not bear 
                hostile attitudes toward it and its founding 
                principles. The United States cannot, and should not, 
                admit those who do not support the Constitution, or 
                those who would place violent ideologies over American 
                law. In addition, the United States should not admit 
                those who engage in acts of bigotry or hatred 
                (including ``honor'' killings, other forms of violence 
                against women, or the persecution of those who practice 
                religions different from their own) or those who would 
                oppress Americans of any race, gender, or sexual 
                orientation.

                Sec. 2. Policy. It is the policy of the United States 
                to protect its citizens from foreign nationals who 
                intend to commit terrorist attacks in the United 
                States; and to prevent the admission of foreign 
                nationals who intend to exploit United States 
                immigration laws for malevolent purposes.

                Sec. 3. Suspension of Issuance of Visas and Other 
                Immigration Benefits to Nationals of Countries of 
                Particular Concern. (a) The Secretary of Homeland 
                Security, in consultation with the Secretary of State 
                and the Director of National Intelligence, shall 
                immediately conduct a review to determine the 
                information needed from any country to adjudicate any 
                visa, admission, or other benefit under the INA 
                (adjudications) in order to determine that the 
                individual seeking the benefit is who the individual 
                claims to be and is not a security or public-safety 
                threat.

                    (b) The Secretary of Homeland Security, in 
                consultation with the Secretary of State and the 
                Director of National Intelligence, shall submit to the 
                President

[[Page 8978]]

                a report on the results of the review described in 
                subsection (a) of this section, including the Secretary 
                of Homeland Security's determination of the information 
                needed for adjudications and a list of countries that 
                do not provide adequate information, within 30 days of 
                the date of this order. The Secretary of Homeland 
                Security shall provide a copy of the report to the 
                Secretary of State and the Director of National 
                Intelligence.
                    (c) To temporarily reduce investigative burdens on 
                relevant agencies during the review period described in 
                subsection (a) of this section, to ensure the proper 
                review and maximum utilization of available resources 
                for the screening of foreign nationals, and to ensure 
                that adequate standards are established to prevent 
                infiltration by foreign terrorists or criminals, 
                pursuant to section 212(f) of the INA, 8 U.S.C. 
                1182(f), I hereby proclaim that the immigrant and 
                nonimmigrant entry into the United States of aliens 
                from countries referred to in section 217(a)(12) of the 
                INA, 8 U.S.C. 1187(a)(12), would be detrimental to the 
                interests of the United States, and I hereby suspend 
                entry into the United States, as immigrants and 
                nonimmigrants, of such persons for 90 days from the 
                date of this order (excluding those foreign nationals 
                traveling on diplomatic visas, North Atlantic Treaty 
                Organization visas, C-2 visas for travel to the United 
                Nations, and G-1, G-2, G-3, and G-4 visas).
                    (d) Immediately upon receipt of the report 
                described in subsection (b) of this section regarding 
                the information needed for adjudications, the Secretary 
                of State shall request all foreign governments that do 
                not supply such information to start providing such 
                information regarding their nationals within 60 days of 
                notification.
                    (e) After the 60-day period described in subsection 
                (d) of this section expires, the Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                shall submit to the President a list of countries 
                recommended for inclusion on a Presidential 
                proclamation that would prohibit the entry of foreign 
                nationals (excluding those foreign nationals traveling 
                on diplomatic visas, North Atlantic Treaty Organization 
                visas, C-2 visas for travel to the United Nations, and 
                G-1, G-2, G-3, and G-4 visas) from countries that do 
                not provide the information requested pursuant to 
                subsection (d) of this section until compliance occurs.
                    (f) At any point after submitting the list 
                described in subsection (e) of this section, the 
                Secretary of State or the Secretary of Homeland 
                Security may submit to the President the names of any 
                additional countries recommended for similar treatment.
                    (g) Notwithstanding a suspension pursuant to 
                subsection (c) of this section or pursuant to a 
                Presidential proclamation described in subsection (e) 
                of this section, the Secretaries of State and Homeland 
                Security may, on a case-by-case basis, and when in the 
                national interest, issue visas or other immigration 
                benefits to nationals of countries for which visas and 
                benefits are otherwise blocked.
                    (h) The Secretaries of State and Homeland Security 
                shall submit to the President a joint report on the 
                progress in implementing this order within 30 days of 
                the date of this order, a second report within 60 days 
                of the date of this order, a third report within 90 
                days of the date of this order, and a fourth report 
                within 120 days of the date of this order.

                Sec. 4. Implementing Uniform Screening Standards for 
                All Immigration Programs. (a) The Secretary of State, 
                the Secretary of Homeland Security, the Director of 
                National Intelligence, and the Director of the Federal 
                Bureau of Investigation shall implement a program, as 
                part of the adjudication process for immigration 
                benefits, to identify individuals seeking to enter the 
                United States on a fraudulent basis with the intent to 
                cause harm, or who are at risk of causing harm 
                subsequent to their admission. This program will 
                include the development of a uniform screening standard 
                and procedure, such as in-person interviews; a database 
                of identity documents proffered by applicants to ensure 
                that duplicate documents are not

[[Page 8979]]

                used by multiple applicants; amended application forms 
                that include questions aimed at identifying fraudulent 
                answers and malicious intent; a mechanism to ensure 
                that the applicant is who the applicant claims to be; a 
                process to evaluate the applicant's likelihood of 
                becoming a positively contributing member of society 
                and the applicant's ability to make contributions to 
                the national interest; and a mechanism to assess 
                whether or not the applicant has the intent to commit 
                criminal or terrorist acts after entering the United 
                States.

                    (b) The Secretary of Homeland Security, in 
                conjunction with the Secretary of State, the Director 
                of National Intelligence, and the Director of the 
                Federal Bureau of Investigation, shall submit to the 
                President an initial report on the progress of this 
                directive within 60 days of the date of this order, a 
                second report within 100 days of the date of this 
                order, and a third report within 200 days of the date 
                of this order.

                Sec. 5. Realignment of the U.S. Refugee Admissions 
                Program for Fiscal Year 2017. (a) The Secretary of 
                State shall suspend the U.S. Refugee Admissions Program 
                (USRAP) for 120 days. During the 120-day period, the 
                Secretary of State, in conjunction with the Secretary 
                of Homeland Security and in consultation with the 
                Director of National Intelligence, shall review the 
                USRAP application and adjudication process to determine 
                what additional procedures should be taken to ensure 
                that those approved for refugee admission do not pose a 
                threat to the security and welfare of the United 
                States, and shall implement such additional procedures. 
                Refugee applicants who are already in the USRAP process 
                may be admitted upon the initiation and completion of 
                these revised procedures. Upon the date that is 120 
                days after the date of this order, the Secretary of 
                State shall resume USRAP admissions only for nationals 
                of countries for which the Secretary of State, the 
                Secretary of Homeland Security, and the Director of 
                National Intelligence have jointly determined that such 
                additional procedures are adequate to ensure the 
                security and welfare of the United States.

                    (b) Upon the resumption of USRAP admissions, the 
                Secretary of State, in consultation with the Secretary 
                of Homeland Security, is further directed to make 
                changes, to the extent permitted by law, to prioritize 
                refugee claims made by individuals on the basis of 
                religious-based persecution, provided that the religion 
                of the individual is a minority religion in the 
                individual's country of nationality. Where necessary 
                and appropriate, the Secretaries of State and Homeland 
                Security shall recommend legislation to the President 
                that would assist with such prioritization.
                    (c) Pursuant to section 212(f) of the INA, 8 U.S.C. 
                1182(f), I hereby proclaim that the entry of nationals 
                of Syria as refugees is detrimental to the interests of 
                the United States and thus suspend any such entry until 
                such time as I have determined that sufficient changes 
                have been made to the USRAP to ensure that admission of 
                Syrian refugees is consistent with the national 
                interest.
                    (d) Pursuant to section 212(f) of the INA, 8 U.S.C. 
                1182(f), I hereby proclaim that the entry of more than 
                50,000 refugees in fiscal year 2017 would be 
                detrimental to the interests of the United States, and 
                thus suspend any such entry until such time as I 
                determine that additional admissions would be in the 
                national interest.
                    (e) Notwithstanding the temporary suspension 
                imposed pursuant to subsection (a) of this section, the 
                Secretaries of State and Homeland Security may jointly 
                determine to admit individuals to the United States as 
                refugees on a case-by-case basis, in their discretion, 
                but only so long as they determine that the admission 
                of such individuals as refugees is in the national 
                interest--including when the person is a religious 
                minority in his country of nationality facing religious 
                persecution, when admitting the person would enable the 
                United States to conform its conduct to a preexisting 
                international agreement, or when the person is already 
                in transit and denying admission would cause undue 
                hardship--and it would not pose a risk to the security 
                or welfare of the United States.

[[Page 8980]]

                    (f) The Secretary of State shall submit to the 
                President an initial report on the progress of the 
                directive in subsection (b) of this section regarding 
                prioritization of claims made by individuals on the 
                basis of religious-based persecution within 100 days of 
                the date of this order and shall submit a second report 
                within 200 days of the date of this order.
                    (g) It is the policy of the executive branch that, 
                to the extent permitted by law and as practicable, 
                State and local jurisdictions be granted a role in the 
                process of determining the placement or settlement in 
                their jurisdictions of aliens eligible to be admitted 
                to the United States as refugees. To that end, the 
                Secretary of Homeland Security shall examine existing 
                law to determine the extent to which, consistent with 
                applicable law, State and local jurisdictions may have 
                greater involvement in the process of determining the 
                placement or resettlement of refugees in their 
                jurisdictions, and shall devise a proposal to lawfully 
                promote such involvement.

                Sec. 6. Rescission of Exercise of Authority Relating to 
                the Terrorism Grounds of Inadmissibility. The 
                Secretaries of State and Homeland Security shall, in 
                consultation with the Attorney General, consider 
                rescinding the exercises of authority in section 212 of 
                the INA, 8 U.S.C. 1182, relating to the terrorism 
                grounds of inadmissibility, as well as any related 
                implementing memoranda.

                Sec. 7. Expedited Completion of the Biometric Entry-
                Exit Tracking System. (a) The Secretary of Homeland 
                Security shall expedite the completion and 
                implementation of a biometric entry-exit tracking 
                system for all travelers to the United States, as 
                recommended by the National Commission on Terrorist 
                Attacks Upon the United States.

                    (b) The Secretary of Homeland Security shall submit 
                to the President periodic reports on the progress of 
                the directive contained in subsection (a) of this 
                section. The initial report shall be submitted within 
                100 days of the date of this order, a second report 
                shall be submitted within 200 days of the date of this 
                order, and a third report shall be submitted within 365 
                days of the date of this order. Further, the Secretary 
                shall submit a report every 180 days thereafter until 
                the system is fully deployed and operational.

                Sec. 8. Visa Interview Security. (a) The Secretary of 
                State shall immediately suspend the Visa Interview 
                Waiver Program and ensure compliance with section 222 
                of the INA, 8 U.S.C. 1202, which requires that all 
                individuals seeking a nonimmigrant visa undergo an in-
                person interview, subject to specific statutory 
                exceptions.

                    (b) To the extent permitted by law and subject to 
                the availability of appropriations, the Secretary of 
                State shall immediately expand the Consular Fellows 
                Program, including by substantially increasing the 
                number of Fellows, lengthening or making permanent the 
                period of service, and making language training at the 
                Foreign Service Institute available to Fellows for 
                assignment to posts outside of their area of core 
                linguistic ability, to ensure that non-immigrant visa-
                interview wait times are not unduly affected.

                Sec. 9. Visa Validity Reciprocity. The Secretary of 
                State shall review all nonimmigrant visa reciprocity 
                agreements to ensure that they are, with respect to 
                each visa classification, truly reciprocal insofar as 
                practicable with respect to validity period and fees, 
                as required by sections 221(c) and 281 of the INA, 8 
                U.S.C. 1201(c) and 1351, and other treatment. If a 
                country does not treat United States nationals seeking 
                nonimmigrant visas in a reciprocal manner, the 
                Secretary of State shall adjust the visa validity 
                period, fee schedule, or other treatment to match the 
                treatment of United States nationals by the foreign 
                country, to the extent practicable.

                Sec. 10. Transparency and Data Collection. (a) To be 
                more transparent with the American people, and to more 
                effectively implement policies and practices that serve 
                the national interest, the Secretary of Homeland 
                Security, in consultation with the Attorney General, 
                shall, consistent with applicable law and national 
                security, collect and make publicly available within 
                180 days, and every 180 days thereafter:

[[Page 8981]]

(i) information regarding the number of foreign nationals in the United 
States who have been charged with terrorism-related offenses while in the 
United States; convicted of terrorism-related offenses while in the United 
States; or removed from the United States based on terrorism-related 
activity, affiliation, or material support to a terrorism-related 
organization, or any other national security reasons since the date of this 
order or the last reporting period, whichever is later;

(ii) information regarding the number of foreign nationals in the United 
States who have been radicalized after entry into the United States and 
engaged in terrorism-related acts, or who have provided material support to 
terrorism-related organizations in countries that pose a threat to the 
United States, since the date of this order or the last reporting period, 
whichever is later; and

(iii) information regarding the number and types of acts of gender-based 
violence against women, including honor killings, in the United States by 
foreign nationals, since the date of this order or the last reporting 
period, whichever is later; and

(iv) any other information relevant to public safety and security as 
determined by the Secretary of Homeland Security and the Attorney General, 
including information on the immigration status of foreign nationals 
charged with major offenses.

                    (b) The Secretary of State shall, within one year 
                of the date of this order, provide a report on the 
                estimated long-term costs of the USRAP at the Federal, 
                State, and local levels.

                Sec. 11. General Provisions. (a) Nothing in this order 
                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 order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 8982]]

                    (c) This order 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 27, 2017.

[FR Doc. 2017-02281
Filed 1-31-17; 11:15 am]
Billing code 3295-F7-P