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| President Donald Trump |
President
Donald Trump on Friday banned citizens of seven Muslim-majority countries from
entering the United States for at least the next 90 days by executive order.
CNN report continues:
The
order bars all people hailing from Iraq, Syria, Iran, Libya, Somalia, Sudan and
Yemen. Those countries were named in a 2016 law concerning immigration visas as
"countries of concern."
The
executive order also bans entry of those fleeing from war-torn Syria
indefinitely.
Trump
also has stopped the admission of all refugees to the United States for
four months.
The
order also calls for a review into suspending the Visa Interview Waiver
Program, which allows travelers from 38 countries -- including close allies --
to renew travel authorizations without an in-person interview.
Here is the order in its
entirety:
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 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 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.
(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. 1222, 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:
(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.
(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.
DONALD
J. TRUMPTHE WHITE HOUSE, January 27, 2017
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