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. The order sparked
controversy at home and abroad and had several world leaders reacting to
it, including the outgoing African Union Commission’s Chairwoman who
issued the statement below.
“We are entering very turbulent times. The very country to which
many of our people were taken as slaves during the Transatlantic slave
trade has now decided to ban refugees from some of our countries. What
do we do about this? Indeed, this is one of the greatest challenges to
our unity and solidarity.”
H.E. Nkosazana Dlamini-Zuma
Here is the order in its entirety:
The White House
Office of the Press Secretary
January 27, 2017
EXECUTIVE ORDER
PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATE
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. TRUMP
THE WHITE HOUSE
