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The WhiteHouse - Executive Order - Securing Our Borders
Article Source: The WhiteHouse
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
section 301 of title 3, United States Code, it is hereby ordered:
Section 1. Purpose. Over the last 4 years, the United
States has endured a large-scale invasion at an unprecedented
level. Millions of illegal aliens from nations and regions all
around the world successfully entered the United States where they are
now residing, including potential terrorists, foreign spies, members of
cartels, gangs, and violent transnational criminal organizations, and
other hostile actors with malicious intent.
Deadly narcotics and other illicit materials have flowed across the
border while agents and officers spend their limited resources
processing illegal aliens for release into the United States.
These catch-and-release policies undermine the rule of law and our
sovereignty, create substantial risks to public safety and security,
and divert critical resources away from stopping the entry of
contraband and fugitives into the United States.
We have limited information on the precise whereabouts of a great
number of these illegal aliens who have entered the United States over
the last 4 years.
This cannot stand. A nation without borders is not a nation, and
the Federal Government must act with urgency and strength to end the
threats posed by an unsecured border.
One of my most important obligations is to protect the American people
from the disastrous effects of unlawful mass migration and resettlement.
My Administration will marshal all available resources and authorities
to stop this unprecedented flood of illegal aliens into the United
States.
Sec. 2. Policy. It is the policy of the United States to
take all appropriate action to secure the borders of our Nation through
the following means:
(a) Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology;
(b) Deterring and preventing the entry of illegal aliens into the United States;
(c) Detaining, to the maximum extent authorized by law, aliens
apprehended on suspicion of violating Federal or State law, until such
time as they are removed from the United States;
(d) Removing promptly all aliens who enter or remain in violation of Federal law;
(e) Pursuing criminal charges against illegal aliens who violate
the immigration laws, and against those who facilitate their unlawful
presence in the United States;
(f) Cooperating fully with State and local law enforcement
officials in enacting Federal-State partnerships to enforce Federal
immigration priorities; and
(g) Obtaining complete operational control of the borders of the United States.
Sec. 3. Physical Barriers. The Secretary of Defense and the
Secretary of Homeland Security shall take all appropriate action to
deploy and construct temporary and permanent physical barriers to
ensure complete operational control of the southern border of the
United States.
Sec. 4. Deployment of Personnel. (a) The Secretary of
Defense and the Secretary of Homeland Security shall take all
appropriate and lawful action to deploy sufficient personnel along the
southern border of the United States to ensure complete operational
control; and
(b) The Attorney General and the Secretary of Homeland Security
shall take all appropriate action to supplement available personnel to
secure the southern border and enforce the immigration laws of the
United States through the use of sections 1103(a)(2) and (4)-(6) of the
INA (8 U.S.C. 1103(a)(2) and (4)-(6)).
Sec. 5. Detention. The Secretary of Homeland Security shall
take all appropriate actions to detain, to the fullest extent permitted
by law, aliens apprehended for violations of immigration law until
their successful removal from the United States. The Secretary
shall, consistent with applicable law, issue new policy guidance or
propose regulations regarding the appropriate and consistent use of
lawful detention authority under the INA, including the termination of
the practice commonly known as “catch-and-release,” whereby illegal
aliens are routinely released into the United States shortly after
their apprehension for violations of immigration law.
Sec. 6. Resumption of Migrant Protection Protocols. As soon
as practicable, the Secretary of Homeland Security, in coordination
with the Secretary of State and the Attorney General, shall take all
appropriate action to resume the Migrant Protection Protocols in all
sectors along the southern border of the United States and ensure that,
pending removal proceedings, aliens described in section 235(b)(2)(C)
of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from
which they came.
Sec. 7. Adjusting Parole Policies. The Secretary of
Homeland Security shall, consistent with applicable law, take all
appropriate action to:
(a) Cease using the “CBP One” application as a method of paroling
or facilitating the entry of otherwise inadmissible aliens into the
United States;
(b) Terminate all categorical parole programs that are contrary
to the policies of the United States established in my Executive
Orders, including the program known as the “Processes for Cubans,
Haitians, Nicaraguans, and Venezuelans.”
(c) Align all policies and operations at the southern border of
the United States to be consistent with the policy of Section 2 of this
order and ensure that all future parole determinations fully comply
with this order and with applicable law.
Sec. 8. Additional International Cooperation. The Secretary
of State, in coordination with the Attorney General and the Secretary
of Homeland Security, shall take all appropriate action to facilitate
additional international cooperation and agreements, consistent with
the policy of Section 2, including entering into agreements based upon
the provisions of section 208(a)(2)(A) of the INA (8 U.S.C.
1158(a)(2)(A)) or any other applicable provision of law.
Sec. 9. DNA and Identification Requirements. (a) The
Attorney General and the Secretary of Homeland Security shall take all
appropriate action to fulfill the requirements of the DNA Fingerprint
Act of 2005, title X of Public Law 109-162, for all aliens detained
under the authority of the United States; and
(b) The Secretary of Homeland Security shall take all appropriate
action to use any available technologies and procedures to determine
the validity of any claimed familial relationship between aliens
encountered or apprehended by the Department of Homeland Security.
Sec. 10. Prosecution of Offenses. The Attorney General and
the Secretary of Homeland Security shall take all appropriate action to
prioritize the prosecution of offenses that relate to the borders of
the United States, including the investigation and prosecution of
offenses that involve human smuggling, human trafficking, child
trafficking, and sex trafficking in the United States.
Sec. 11. Additional Measures. Within 14 days of the date of
this order, the Secretary of State, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Homeland Security
shall provide recommendations to the President regarding the use of any
other authority to protect the United States from foreign threats and
secure the southern border.
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 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.
THE WHITE HOUSE,
January 20, 2025.