Ending Discriminatory Bans on Entry to the United States, 7005-7007 [2021-01749]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7005-7007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01749]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents

[[Page 7005]]


                Proclamation 10141 of January 20, 2021

                
Ending Discriminatory Bans on Entry to the United 
                States

                By the President of the United States of America

                A Proclamation

                The United States was built on a foundation of 
                religious freedom and tolerance, a principle enshrined 
                in the United States Constitution. Nevertheless, the 
                previous administration enacted a number of Executive 
                Orders and Presidential Proclamations that prevented 
                certain individuals from entering the United States--
                first from primarily Muslim countries, and later, from 
                largely African countries. Those actions are a stain on 
                our national conscience and are inconsistent with our 
                long history of welcoming people of all faiths and no 
                faith at all.

                Beyond contravening our values, these Executive Orders 
                and Proclamations have undermined our national 
                security. They have jeopardized our global network of 
                alliances and partnerships and are a moral blight that 
                has dulled the power of our example the world over. And 
                they have separated loved ones, inflicting pain that 
                will ripple for years to come. They are just plain 
                wrong.

                Make no mistake, where there are threats to our Nation, 
                we will address them. Where there are opportunities to 
                strengthen information-sharing with partners, we will 
                pursue them. And when visa applicants request entry to 
                the United States, we will apply a rigorous, 
                individualized vetting system. But we will not turn our 
                backs on our values with discriminatory bans on entry 
                into the United States.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States, 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 
                Immigration and Nationality Act, 8 U.S.C. 1182(f) and 
                1185(a), hereby find that it is in the interests of the 
                United States to revoke Executive Order 13780 of March 
                6, 2017 (Protecting the Nation From Foreign Terrorist 
                Entry Into the United States), Proclamation 9645 of 
                September 24, 2017 (Enhancing Vetting Capabilities and 
                Processes for Detecting Attempted Entry Into the United 
                States by Terrorists or Other Public-Safety Threats), 
                Proclamation 9723 of April 10, 2018 (Maintaining 
                Enhanced Vetting Capabilities and Processes for 
                Detecting Attempted Entry Into the United States by 
                Terrorists or Other Public-Safety Threats), and 
                Proclamation 9983 of January 31, 2020 (Improving 
                Enhanced Vetting Capabilities and Processes for 
                Detecting Attempted Entry Into the United States by 
                Terrorists or Other Public-Safety Threats). Our 
                national security will be enhanced by revoking the 
                Executive Order and Proclamations.

                Accordingly, I hereby proclaim:

                Section 1. Revocations. Executive Order 13780, and 
                Proclamations 9645, 9723, and 9983 are hereby revoked.

                Sec. 2. Resumption of Visa Processing and Clearing the 
                Backlog of Cases in Waiver Processing. (a) The 
                Secretary of State shall direct all Embassies and 
                Consulates, consistent with applicable law and visa 
                processing procedures, including any related to 
                coronavirus disease 2019 (COVID-19), to resume visa 
                processing in a manner consistent with the revocation 
                of the

[[Page 7006]]

                Executive Order and Proclamations specified in section 
                1 of this proclamation.

                    (b) Within 45 days of the date of this 
                proclamation, the Secretary of State shall provide to 
                the President a report that includes the following 
                elements:

(i) The number of visa applicants who were being considered for a waiver of 
restrictions under Proclamation 9645 or 9983 on the date of this 
proclamation and a plan for expeditiously adjudicating their pending visa 
applications.

(ii) A proposal to ensure that individuals whose immigrant visa 
applications were denied on the basis of the suspension and restriction on 
entry imposed by Proclamation 9645 or 9983 may have their applications 
reconsidered. This proposal shall consider whether to reopen immigrant visa 
applications that were denied due to the suspension and restriction on 
entry imposed by Proclamation 9645 or 9983, whether it is necessary to 
charge an additional fee to process those visa applications, and 
development of a plan for the Department of State to expedite consideration 
of those visa applications.

(iii) A plan to ensure that visa applicants are not prejudiced as a result 
of a previous visa denial due to the suspension and restriction on entry 
imposed by Proclamation 9645 or 9983 if they choose to re-apply for a visa.

                Sec. 3. Review of Information-Sharing Relationships and 
                a Plan to Strengthen Partnerships. Within 120 days of 
                the date of this proclamation, the Secretary of State 
                and the Secretary of Homeland Security, in consultation 
                with the Director of National Intelligence, shall 
                provide to the President a report consisting of the 
                following elements:

                    (a) A description of the current screening and 
                vetting procedures for those seeking immigrant and 
                nonimmigrant entry to the United States. This should 
                include information about any procedures put in place 
                as a result of any of the Executive Order and 
                Proclamations revoked in section 1 of this proclamation 
                and should also include an evaluation of the usefulness 
                of form DS-5535.
                    (b) A review of foreign government information-
                sharing practices vis-[agrave]-vis the United States in 
                order to evaluate the efficacy of those practices, 
                their contribution to processes for screening and 
                vetting those individuals seeking entry to the United 
                States as immigrants and nonimmigrants, and how the 
                United States ensures the accuracy and reliability of 
                the information provided by foreign governments.
                    (c) Recommendations to improve screening and 
                vetting activities, including diplomatic efforts to 
                improve international information-sharing, use of 
                foreign assistance funds, where appropriate, to support 
                capacity building for information-sharing and identity-
                management practices, and ways to further integrate 
                relevant executive department and agency data into the 
                vetting system.
                    (d) A review of the current use of social media 
                identifiers in the screening and vetting process, 
                including an assessment of whether this use has 
                meaningfully improved screening and vetting, and 
                recommendations in light of this assessment.

                Sec. 4. 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 in a 
                manner 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

[[Page 7007]]

                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 
                twentieth day of January, in the year of our Lord two 
                thousand twenty-one, and of the Independence of the 
                United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-01749
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P