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.
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. TRUMP
THE WHITE HOUSE, January 27, 2017
