Enhancing Public Safety
in the Interior of the United States
EXECUTIVE ORDER
- - - - - - -
ENHANCING PUBLIC SAFETY IN
THE INTERIOR OF THE
UNITED STATES
By
the authority vested in me as President by the Constitution and the laws of the
United States of America, including the Immigration and Nationality Act (INA)
(8 U.S.C. 1101 et seq.), and in order to ensure the public safety of the
American people in communities across the United States as well as to ensure
that our Nation's immigration laws are faithfully executed, I hereby declare
the policy of the executive branch to be, and order, as follows:
Section
1. Purpose. Interior enforcement of our Nation's immigration laws
is critically important to the national security and public safety of the
United States. Many aliens who illegally enter the United States and
those who overstay or otherwise violate the terms of their visas present a
significant threat to national security and public safety. This is
particularly so for aliens who engage in criminal conduct in the United States.
Sanctuary
jurisdictions across the United States willfully violate Federal law in an
attempt to shield aliens from removal from the United States. These
jurisdictions have caused immeasurable harm to the American people and to the
very fabric of our Republic.
Tens
of thousands of removable aliens have been released into communities across the
country, solely because their home countries refuse to accept their
repatriation. Many of these aliens are criminals who have served time in
our Federal, State, and local jails. The presence of such individuals in
the United States, and the practices of foreign nations that refuse the repatriation
of their nationals, are contrary to the national interest.
Although
Federal immigration law provides a framework for Federal-State partnerships in
enforcing our immigration laws to ensure the removal of aliens who have no
right to be in the United States, the Federal Government has failed to
discharge this basic sovereign responsibility. We cannot faithfully
execute the immigration laws of the United States if we exempt classes or
categories of removable aliens from potential enforcement. The purpose of
this order is to direct executive departments and agencies (agencies) to employ
all lawful means to enforce the immigration laws of the United States.
Sec.
2. Policy. It is the policy of the executive branch to:
(a)
Ensure the faithful execution of the immigration laws of the United
States, including the INA, against all removable aliens, consistent with
Article II, Section 3 of the United States Constitution and section 3331 of
title 5, United States Code;
(b)
Make use of all available systems and resources to ensure the efficient
and faithful execution of the immigration laws of the United States;
(c)
Ensure that jurisdictions that fail to comply with applicable Federal law
do not receive Federal funds, except as mandated by law;
(d)
Ensure that aliens ordered removed from the United States are promptly
removed; and
(e)
Support victims, and the families of victims, of crimes committed by
removable aliens.
Sec.
3. Definitions. The terms of this order, where applicable, shall
have the meaning provided by section 1101 of title 8, United States Code.
Sec.
4. Enforcement of the Immigration Laws in the Interior of the United
States. In furtherance of the policy described in section 2 of this
order, I hereby direct agencies to employ all lawful means to ensure the
faithful execution of the immigration laws of the United States against all
removable aliens.
Sec.
5. Enforcement Priorities. In executing faithfully the immigration
laws of the United States, the Secretary of Homeland Security (Secretary) shall
prioritize for removal those aliens described by the Congress in sections
212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8
U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as
well as removable aliens who:
(a)
Have been convicted of any criminal offense;
(b)
Have been charged with any criminal offense, where such charge has not
been resolved;
(c)
Have committed acts that constitute a chargeable criminal offense;
(d)
Have engaged in fraud or willful misrepresentation in connection with any
official matter or application before a governmental agency;
(e)
Have abused any program related to receipt of public benefits;
(f)
Are subject to a final order of removal, but who have not complied with
their legal obligation to depart the United States; or
(g)
In the judgment of an immigration officer, otherwise pose a risk to
public safety or national security.
Sec.
6. Civil Fines and Penalties. As soon as practicable, and by no
later than one year after the date of this order, the Secretary shall issue
guidance and promulgate regulations, where required by law, to ensure the
assessment and collection of all fines and penalties that the Secretary is
authorized under the law to assess and collect from aliens unlawfully present
in the United States and from those who facilitate their presence in the United
States.
Sec.
7. Additional Enforcement and Removal Officers. The Secretary,
through the Director of U.S. Immigration and Customs Enforcement, shall, to the
extent permitted by law and subject to the availability of appropriations, take
all appropriate action to hire 10,000 additional immigration officers, who
shall complete relevant training and be authorized to perform the law
enforcement functions described in section 287 of the INA (8 U.S.C. 1357).
Sec.
8. Federal-State Agreements. It is the policy of the executive
branch to empower State and local law enforcement agencies across the country
to perform the functions of an immigration officer in the interior of the
United States to the maximum extent permitted by law.
(a)
In furtherance of this policy, the Secretary shall immediately take
appropriate action to engage with the Governors of the States, as well as local
officials, for the purpose of preparing to enter into agreements under section
287(g) of the INA (8 U.S.C. 1357(g)).
(b)
To the extent permitted by law and with the consent of State or local
officials, as appropriate, the Secretary shall take appropriate action, through
agreements under section 287(g) of the INA, or otherwise, to authorize State
and local law enforcement officials, as the Secretary determines are qualified
and appropriate, to perform the functions of immigration officers in relation
to the investigation, apprehension, or detention of aliens in the United States
under the direction and the supervision of the Secretary. Such
authorization shall be in addition to, rather than in place of, Federal
performance of these duties.
(c)
To the extent permitted by law, the Secretary may structure each
agreement under section 287(g) of the INA in a manner that provides the most
effective model for enforcing Federal immigration laws for that jurisdiction.
Sec.
9. Sanctuary Jurisdictions. It is the policy of the executive
branch to ensure, to the fullest extent of the law, that a State, or a
political subdivision of a State, shall comply with 8 U.S.C. 1373.
(a)
In furtherance of this policy, the Attorney General and the Secretary, in
their discretion and to the extent consistent with law, shall ensure that
jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary
jurisdictions) are not eligible to receive Federal grants, except as deemed
necessary for law enforcement purposes by the Attorney General or the Secretary.
The Secretary has the authority to designate, in his discretion and to
the extent consistent with law, a jurisdiction as a sanctuary jurisdiction.
The Attorney General shall take appropriate enforcement action against
any entity that violates 8 U.S.C. 1373, or which has in effect a statute,
policy, or practice that prevents or hinders the enforcement of Federal law.
(b)
To better inform the public regarding the public safety threats
associated with sanctuary jurisdictions, the Secretary shall utilize the
Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make
public a comprehensive list of criminal actions committed by aliens and any
jurisdiction that ignored or otherwise failed to honor any detainers with
respect to such aliens.
(c)
The Director of the Office of Management and Budget is directed to obtain
and provide relevant and responsive information on all Federal grant money that
currently is received by any sanctuary jurisdiction.
Sec.
10. Review of Previous Immigration Actions and Policies. (a)
The Secretary shall immediately take all appropriate action to terminate
the Priority Enforcement Program (PEP) described in the memorandum issued by
the Secretary on November 20, 2014, and to reinstitute the immigration program
known as "Secure Communities" referenced in that memorandum.
(b)
The Secretary shall review agency regulations, policies, and procedures
for consistency with this order and, if required, publish for notice and
comment proposed regulations rescinding or revising any regulations
inconsistent with this order and shall consider whether to withdraw or modify
any inconsistent policies and procedures, as appropriate and consistent with
the law.
(c)
To protect our communities and better facilitate the identification,
detention, and removal of criminal aliens within constitutional and statutory
parameters, the Secretary shall consolidate and revise any applicable forms to
more effectively communicate with recipient law enforcement agencies.
Sec.
11. Department of Justice Prosecutions of Immigration Violators.
The Attorney General and the Secretary shall work together to develop and
implement a program that ensures that adequate resources are devoted to the
prosecution of criminal immigration offenses in the United States, and to
develop cooperative strategies to reduce violent crime and the reach of
transnational criminal organizations into the United States.
Sec.
12. Recalcitrant Countries. The Secretary of Homeland Security and
the Secretary of State shall cooperate to effectively implement the sanctions
provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.
The Secretary of State shall, to the maximum extent permitted by law,
ensure that diplomatic efforts and negotiations with foreign states include as
a condition precedent the acceptance by those foreign states of their nationals
who are subject to removal from the United States.
Sec.
13. Office for Victims of Crimes Committed by Removable Aliens. The
Secretary shall direct the Director of U.S. Immigration and Customs Enforcement
to take all appropriate and lawful action to establish within U.S. Immigration
and Customs Enforcement an office to provide proactive, timely, adequate, and
professional services to victims of crimes committed by removable aliens and
the family members of such victims. This office shall provide quarterly
reports studying the effects of the victimization by criminal aliens present in
the United States.
Sec.
14. Privacy Act. Agencies shall, to the extent consistent with
applicable law, ensure that their privacy policies exclude persons who are not
United States citizens or lawful permanent residents from the protections of
the Privacy Act regarding personally identifiable information.
Sec.
15. Reporting. Except as otherwise provided in this order, the
Secretary and the Attorney General shall each submit to the President a report
on the progress of the directives contained in this order within 90 days of the
date of this order and again within 180 days of the date of this order.
Sec.
16. Transparency. To promote the transparency and situational
awareness of criminal aliens in the United States, the Secretary and the
Attorney General are hereby directed to collect relevant data and provide
quarterly reports on the following:
(a)
the immigration status of all aliens incarcerated under the supervision
of the Federal Bureau of Prisons;
(b)
the immigration status of all aliens incarcerated as Federal pretrial
detainees under the supervision of the United States Marshals Service; and
(c)
the immigration status of all convicted aliens incarcerated in State
prisons and local detention centers throughout the United States.
Sec.
17. Personnel Actions. The Office of Personnel Management shall
take appropriate and lawful action to facilitate hiring personnel to implement
this order.
Sec.
18. 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 25, 2017.
No hay comentarios.:
Publicar un comentario