Executive Order: Protecting the Nation from Terrorist Attacks by Foreign Nationals - White House (Draft, Unsigned, Undated)

Executive Order: Protecting the Nation from Terrorist Attacks by Foreign Nationals - White House (Draft, Unsigned, Undated, may contain typos)

PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGN NATIONALS

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 (8 U.S.C. 1001 et seq.)
(INA), and section 301 oftitle 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 terrmist ties and stopping them from entering the United States. Perhaps
in no instance was that more apparent than with 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 tenorists from
receiving visas, these measures did not stop attacks by foreign nationals who were
·admitted to the United States.
Hundreds of foreign-born individuals have been convicted or implicated in terrorismrelated
crimes since September 11, 2001 , including foreign nationals who entered the
United States after claiming asylum; after receiving visitor, student, or employment visas;
or through the U.S. 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 our country. 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.
ln order to protect Americans, we must ensure that those admitted to this country do not
bear hostile attitudes toward our country and its founding principles. We cannot, and
should not, admit into our country those who do not support the U.S. Constitution, or
those who would place violent religious edicts over American law. In addition, the
United States should not admit those who engage in acts of bigotry and hatred (including
"honor" killings, other forms of violence against women, or the persecution of those who
practice other religions) or those who would oppress members of one race, one gender, or
sexual orientation.

Sec. 2. Policy. It is the policy of the United States to: (a) protect our citizens from foreign
nationals who intend to commit tenorist attacks in the United States; and
(b) 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 foformation needed from any country for
adjudication of any visa, admission, or other benefit under the INA (adjudications)
adequate 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), 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 (excluding
those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization
visas, and C-2 visas for travel to the United Nations). The Secretary of Homeland
Security shall provide a copy of the report to the Secretary of State and Director of
National Intelligence.
(c) To temporarily reduce investigative burdens to 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 the terrorist or criminal
infiltration of foreign nationals, pursuant to section 2 l 2{f) of the INA I hereby find that
the immigrant and nonimmigrant entry into the United States of aliens from countries
designated pursuant to Division 0 , Title II, Section 203 of the 2016 consolidated
Appropriations Act (H.R. 2029, P .L. 114-113 ), 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 30 days from the date of this order.
(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, and C-
2 visas for travel to the United Nations) from countries that do not provide the
information requested pursuant to subsection (d) of this order 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) ofthis 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 during 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 uniform screening standards and procedures, such as in-person
interviews; the creation of 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 positive 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,
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 rep01t within 200 days of the date of this order.

Sec. 5. Realignment of the US. Refugee Admissions Program/or 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, shall review the USRAP application and adjudication
process to determine what additional procedures can 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 this order, the Secretary of
State shall resume USRAP admissions only for nationals of countries for whom the
Secretary of Homeland Security, the Secretary of State, and the Director of National
lntelligence have jointly determined that sufficient safeguards are in place 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
to assist with such prioritization.
( c) The Secretaries of State and Homeland Security, as appropriate, shall cease refugee
processing of and the admittance of nationals of Syria as refugees until such time as I
have determined that sufficient changes have been made to the USRAP to ensure its
alignment with the national interest.
(d) Notwithstanding any previous Presidential determination regarding the number of
refugee admissions for Fiscal Year 2017, the Secretaries of State and Homeland Security
may only process and admit a total of 50,000 refugees during Fiscal Year 2017. During
the 120-day suspension provided by section S(a), the Secretary of State and the Secretary
of Homeland Security shall initiate appropriate consultations in connection with this
determination, including with respect to the allocation among refugees of special
humanitarian concern to the United States.
(f) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this
section, the Secretaries of State and Homeland Security may admit individuals to the
United States as refugees on a case-by-case basis when in the national interest. Fmther,
during the temporary suspension period described in subsection (a), the Secretaries of
State and Homeland Security may continue to process as refugees those 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.
(g) The Secretary of State shall submit to the President an initial repmt 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.

Sec. 6. Establishment of Safe Zones to Protect Vulnerable Syrian Populations. Pursuant
to the cessation of refugee processing for Syrian nationals, the Secretary of State, in
conjunction with the Secretary of Defense, is directed within 90 days of the date of this
order to produce a plan to provide safe areas in Syria and in the surrounding region in
which Syrian nationals displaced from their homeland can await fum settlement, such as
repatriation or potential third-country resettlement.

Sec. 7. 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 relating to the terrorism grounds of inadmissibility, as well as any related
implementing memoranda ..

Sec. 8. Expedited Completion of the Biometric Entry-Exit Tracking System. (a) The
Secretary of Homeland Secmity 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. 9. 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,
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. 10. 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 urged by sections 221 ( c) and 281 of the IN A, and other treatment. If a country
does not treat U.S. 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 U.S. nationals by the foreign country, to the extent practicable.

Sec. 11. Transparency and Data Collection. To be more transparent with the American
people, and in order to more effectively implement policies and practices that serve the
national interest, the Secretary of Homeland Security shall, consistent with applicable
law, collect and make publicly available within 180 days, and every 180 days thereafter:
(a) information regarding the number of foreign-born individuals in the United States
who have been charged with terrorism-related offenses; convicted of terrorism-related
offenses; 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;
(b) information regarding the number of foreign-born individuals in the United States
who have been radicalized after entry into the United States and engaged in terrorismrelated
acts, or who have provided material support to terrorism-related organizations in
countries that pose a threat to the United States; and
(c) information regarding the number and types of acts of gender-based violence against
women or honor killings by foreign-born individuals in the United States.

Sec. 12. 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, 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."