Addressing Mass Migration Through the Southern Border of the United States, 3665-3667 [2019-02303]

Agencies

• Executive Office of the President

[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Presidential Documents]
[Pages 3665-3667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02303]



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Vol. 84

Tuesday,

No. 29

February 12, 2019

Part IV





The President





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Proclamation 9842--Addressing Mass Migration Through the Southern 
Border of the United States


                        Presidential Documents 



Federal Register / Vol. 84 , No. 29 / Tuesday, February 12, 2019 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 3665]]

                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 Homeland 
                Security, I have determined to extend the suspension 
                and limitation, as set forth below, on

[[Page 3666]]

                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.

                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

[[Page 3667]]

                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.
                
                
                    (Presidential Sig.)

[FR Doc. 2019-02303
Filed 2-11-19; 11:15 am]
Billing code 3295-F9-P