Addressing Mass Migration Through the Southern Border of the United States, 21229-21231 [2019-09992]

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• Executive Office of the President

[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Presidential Documents]
[Pages 21229-21231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09992]



[[Page 21227]]

Vol. 84

Monday,

No. 92

May 13, 2019

Part VI





The President





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Proclamation 9880--Addressing Mass Migration Through the Southern 
Border of the United States


                        Presidential Documents 



Federal Register / Vol. 84 , No. 92 / Monday, May 13, 2019 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 21229]]

                Proclamation 9880 of May 8, 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. In 
                Proclamation 9842 of February 7, 2019 (Addressing Mass 
                Migration Through the Southern Border of the United 
                States), I extended Proclamation 9822 for 90 days 
                because I found that ``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.''

                Section 2(d) of Proclamation 9842 directed the 
                Secretary of State, the Attorney General, and the 
                Secretary of Homeland Security jointly to submit to me 
                a recommendation on whether a further extension or 
                renewal of the suspension or limitation on entry in 
                Proclamation 9822 is in the interests of the United 
                States. Those officials have jointly recommended 
                extending the suspension and limitation for an 
                additional 90 days beyond the date when the United 
                States obtains relief from the preliminary injunction 
                of the interim final rule titled ``Aliens Subject to a 
                Bar on Entry Under Certain Presidential Proclamations; 
                Procedures for Protection Claims'' that was promulgated 
                by the Departments of Justice and Homeland Security on 
                November 9, 2018.

                As that recommendation reflects, the situation along 
                the southern border has continued to deteriorate. In 
                November 2018, a daily average of approximately 2,000 
                inadmissible aliens attempted entry into the United 
                States. Today that average has risen to approximately 
                3,900. United States Border Patrol (USBP) 
                apprehensions, which occur between ports of entry, have 
                more than doubled from January to April of this year. 
                From January through April, USBP apprehensions at the 
                southern border are projected to reach approximately 
                460,000, a 4-month total that exceeds the totals from 8 
                of the last 10 fiscal years. The high percentage of 
                children and families among these apprehensions places 
                additional strain on the resources devoted to defense 
                of the southern border. Moreover, large, organized 
                groups of aliens continue to travel through Mexico 
                toward 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 these 
                problems continues to be hampered by a nationwide 
                injunction issued by a United States District Court 
                judge in the Northern District of California. That 
                injunction currently prevents the Attorney General and 
                the Secretary of Homeland Security from

[[Page 21230]]

                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 entry into the 
                United States through the southern border established 
                by Proclamation 9822 and extended by Proclamation 9842.

                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 on which 
                the United States obtains relief from all injunctions 
                that prevent full implementation of the interim final 
                rule promulgated by the Departments of Justice and 
                Homeland Security on November 9, 2018, 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 when the 
                United States obtains relief from all injunctions that 
                prevent full implementation of the interim final rule 
                promulgated by the Departments of Justice and Homeland 
                Security on November 9, 2018, 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 the suspension or 
                limitation on entry in section 1 of this proclamation 
                continues to be in the interests of the United States. 
                If, at the time that all injunctions are lifted, the 
                Secretary of State, the

[[Page 21231]]

                Attorney General, and the Secretary of Homeland 
                Security are of the view that circumstances no longer 
                warrant the suspension or limitation on entry, they 
                shall so advise me.

                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 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 eighth day of May, 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. 2019-09992
Filed 5-10-19; 11:15 am]
Billing code 3295-F9-P