Combating High Nonimmigrant Overstay Rates, 19853-19854 [2019-09470]

Agencies

• Executive Office of the President

[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Presidential Documents]
[Pages 19853-19854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09470]




                        Presidential Documents 



Federal Register / Vol. 84 , No. 88 / Tuesday, May 7, 2019 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 19853]]

                Memorandum of April 22, 2019

                
Combating High Nonimmigrant Overstay Rates

                Memorandum for the Secretary of State[,] the Attorney 
                General[, and] the Secretary of Homeland Security

                By the authority vested in me as President by the 
                Constitution and the 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, it is hereby ordered as follows:

                Section 1. Policy. (a) My Administration is committed 
                to securing the borders of the United States and 
                fostering respect for the laws of our country, both of 
                which are cornerstones of our Republic. Nonimmigrant 
                visa (visa) overstay rates are unacceptably high for 
                nationals of certain countries. Aliens must abide by 
                the terms and conditions of their visas for our 
                immigration system to function as intended. Although 
                the United States benefits from legitimate nonimmigrant 
                entry, individuals who abuse the visa process and 
                decline to abide by the terms and conditions of their 
                visas, including their visa departure dates, undermine 
                the integrity of our immigration system and harm the 
                national interest.

                (b) The large numbers of aliens who overstay their 
                period of lawful admission, failing to comply with the 
                terms of a visa or the Visa Waiver Program, place 
                significant strain on Department of Justice and 
                Department of Homeland Security resources, which are 
                currently needed to address the national emergency on 
                our southern border.

                Sec. 2. Addressing High Visa Overstay Rates. (a) The 
                Secretary of State shall engage with the governments of 
                countries with a total overstay rate greater than 10 
                percent in the combined B-1 and B-2 nonimmigrant visa 
                category based on the Department of Homeland Security 
                Fiscal Year 2018 Entry/Exit Overstay Report. This 
                engagement should identify conditions contributing to 
                high overstay rates among nationals of those countries 
                and methods to address those conditions.

                (b) Within 120 days of the date of this memorandum, the 
                Secretary of State, in consultation with the Attorney 
                General and the Secretary of Homeland Security, shall 
                provide to the President recommendations to reduce B-1 
                and B-2 nonimmigrant visa overstay rates from the 
                identified countries. With respect to any of the 
                identified countries, the recommendations may include, 
                as appropriate and to the extent consistent with 
                applicable law, a proclamation, relying on authorities 
                such as sections 212(f) and 215 of the INA (8 U.S.C. 
                1182(f) and 1185(a)), suspending or limiting entry of 
                nationals of those countries who hold B-1 or B-2 visas; 
                targeted suspension of visa issuance for certain 
                nationals; limits to duration of admission, to be 
                implemented by the Department of Homeland Security; and 
                additional documentary requirements.

                (c) The Secretary of State and the Secretary of 
                Homeland Security shall immediately begin taking all 
                appropriate actions that are within the scope of their 
                respective authorities to reduce overstay rates for all 
                classes of nonimmigrant visas.

[[Page 19854]]

                (d) Within 180 days of the date of this memorandum, the 
                Secretary of Homeland Security shall provide to the 
                President a summary of the Department of Homeland 
                Security's ongoing efforts to reduce overstays from 
                countries participating in the Visa Waiver Program, to 
                include any recommendations for additional action 
                necessary and appropriate to ensure the integrity and 
                security of that Program.

                Sec. 3. Admission Bonds. The Secretary of State and the 
                Secretary of Homeland Security shall take steps to 
                develop measures required for imposing admission bonds 
                as a means for improving compliance with the terms and 
                conditions of nonimmigrant visas. The Secretaries shall 
                provide a status report to the President within 120 
                days of the date of this memorandum.

                Sec. 4. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof;

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals; or

(iii) existing rights or obligations under international agreements.

                (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

                (c) This memorandum 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.

                Sec. 5. The Secretary of State is hereby authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 22, 2019

[FR Doc. 2019-09470
Filed 5-6-19; 8:45 am]
Billing code 4710-10-P