Border Security and Immigration Enforcement Improvements
Record date: 2017-01-30
( printed page 8793) Executive Order 13767 of January 25, 2017 Border Security and Immigration Enforcement Improvements 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 ( 8 U.S.C. 1101 et seq. ) (INA), the Secure Fence Act of 2006 ( Public Law 109-367 ) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104-208 Div. C) (IIRIRA), and in order to ensure the safety
What this record contains
- Federal Register document
- 2017-02095
- Publication date
- 2017-01-30
- Citation
- 82 FR 8793
- Issuing office
- Executive Office of the President
Official record excerpt
( printed page 8793) Executive Order 13767 of January 25, 2017 Border Security and Immigration Enforcement Improvements 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 ( 8 U.S.C. 1101 et seq. ) (INA), the Secure Fence Act of 2006 ( Public Law 109-367 ) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104-208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation's immigration laws are faithfully executed, I hereby order as follows: Section 1 . Purpose. Border security is critically important to the national security of the United States. Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety. Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States. The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed. Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs. Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct. Continued illegal immigration presents a clear and present danger to the interests of the United States. Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation's southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws—and the Congress has authorized and provided appropriations to secure our borders—the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation's southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely. Sec. 2 . Policy. It is the policy of the executive branch to: (a) secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism; (b) detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations; (c) expedite determinations of apprehended individuals' claims of eligibility to remain in the United States; (d) remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and ( printed page 8794) (e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities. Sec. 3 . Definitions. (a) “Asylum officer” has the meaning given the term in section 235(b)(1)(E) of the INA ( 8 U.S.C. 1225(b)(1) ). (b) “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry. (c) “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico. (d) Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security. (e) “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier. (f) “Executive department” shall have the meaning given in section 101 of title 5, United States Code. (g) “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies. (h) “Operational control” shall mean the prevention of all unlawful entries into the
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