EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
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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 Electoral College on Monday voted for Donald J. Trump to win the presidency. Seven electors, the most ever, voted for someone other than their party’s nominee.
In Washington, a state where Senator Bernie Sanders of Vermont had strong support in the Democratic primary against Hillary Clinton, three of the state’s 12 electoral votes went to Colin L. Powell, the Republican former secretary of state. One more elector voted for Faith Spotted Eagle, a Native American leader. Another Democratic elector in Hawaii voted for Mr. Sanders.
Two Texas electors voted for different Republican politicians: Gov. John Kasich of Ohio and former Texas congressman Ron Paul.
In addition, three Democratic electors, in Colorado, Maine and Minnesota, initially declined to vote for Mrs. Clinton. Two were replaced by an alternate, and one ended up changing his vote.
Protest Votes in the Electoral College
Electors are not required by the Constitution to vote for a particular candidate. Some states and parties require their electors to pledge to vote for a candidate and may fine or replace electors who break their pledge.
It is rare for more than one elector to vote against the party’s pledged candidate, but it has happened on a few occasions.
In 1808, six New York electors from the Democratic-Republican Party refused to vote for James Madison and instead voted for the party’s vice-presidential candidate, George Clinton.
The last time an elector voted for a candidate from another party was in 1972, when a Republican from Virginia voted for the Libertarian candidate, John Hospers, instead of the eventual winner, Richard M. Nixon. A single elector has refused to vote for the party’s presidential candidate in 11 elections.
Operation Desert Storm in 1991, a logistics error forced them to turn to a surprising source for a ride home: Donald J. Trump.
Today, Ryan Stickney would like to say “thank you.”
Stickney was a squad leader in a TOW company of a Marine reserve unit based in Miami, FL and spent approximately six months in Saudi Arabia during the Gulf War between 1990 and 1991.
Upon his unit’s return to the United States, the former Marine says the group spent several weeks decompressing at Camp Lejeune in North Carolina before heading back to Miami.
Ryan Stickney recalls being told that a mistake had been made within the logistics unit and that an aircraft wasn’t available to take the Marines home on their scheduled departure date.
This—according to Stickney—is where Donald Trump comes in.
“The way the story was told to us was that Mr. Trump found out about it and sent the airline down to take care of us. And that’s all we knew….I remember asking ‘Who is Donald Trump?’ I truly didn’t know anything about him,” the former Marine said.
Corporal Stickney snapped a photo to remember the day by:
U.S. Marines prepare to board Donald Trump’s jet.
The Trump campaign has confirmed to Hannity.com that Mr. Trump did indeed send his plane to make two trips from North Carolina to Miami, Florida to transport over 200 Gulf War Marines back home. No further details were provided.
The Marine says he and his family are—to this day—grateful for Trump’s kind gesture. “It may not seem like much to most people, but it was very important to a bunch of jar heads and more importantly their families waiting for them on the hot tarmac.”
Stickney says that his father—a Korean War veteran and former Eastern Airlines captain—claimed to have never seen a 727 turn around and refuel so quickly. His father was so appreciative of Mr. Trump’s help; he said he would fly for Trump for free to thank him for what he did.
Ryan Stickney says that in his 28 years of public service, he has yet to see this kind of support for the troops from any of the other candidates running for president: “I have not seen a Clinton or Sanders plane, or anything else for that matter, sent to support the troops.”
The lecturer-in-chief can’t help but disparage Americans unhappy with his failed tenure
It’s couched in fancy language, and he doesn’t mention Donald Trump by name, but President Obama’s message in a new piece written in The Economist is clear: Trump supporters are a bunch of racists descended from intolerant movements of the past.
In a column titled, arrogantly enough, “The Way Ahead,” Obama asserts the current moment “reflects any number of eras in which Americans were told they could restore past glory if they just got some group or idea that was threatening America under control.” He adds, “We overcame those fears and we will again.”
The president wants to see himself as the Lincolnesque warrior making a stand against neo-racists who would secretly like nothing better than to reinstall Jim Crow.
What a stunning remark, dripping with contempt for the Americans whom he supposedly represents and who, in many cases, are suffering because of his policies.
Let’s start with the beginning of his phrase, in which he says, “Americans were told.” It’s the paternalism of a liberal speaking, and a particularly condescending one. Poor, stupid, gun and Bible-clinging Americans, who believe what they are told to think.
And look what they are receptive to, a message that they’d achieve “glory” if they could enact their racist fantasies by getting “some group or idea that was threatening America under control.”
Obama’s implication is obvious. Trump supporters are responding to the same call once issued by the leaders of the lynch mob, which got people “under control.”
Obama says that everywhere he goes, people — no intellectually advanced souls such as himself in America and overseas — constantly ask him why America “has suddenly developed a strain of anti-immigrant, anti-innovation protectionism.” Why, they want to know, “have some on the far left and even more on the far right embraced a crude populism that promises a return to a past that is not possible to restore — and that, for most Americans, never existed at all?”
That is, Trump’s legions dream of the good old days, when swarthy immigrants and African-Americans stayed in their places and white working folk clocked out of the factory and returned home to wives named Betty who served them and their 2.1 children roast chicken and potatoes before everyone gathered around the TV to watch Milton Berle.
Actually, what Americans are hoping for is an economy that grows by more than Obama’s 1.5 percent and some decent-paying jobs, instead of the globalization and welfare state expansion that is driving people out of the workforce, stunting wage growth, creating hopelessness, and helping feed an epidemic of heroin use.
But for Obama, the Trump movement is not about the pocketbook or concerns that, with unlimited immigration, a great culture may be changing too rapidly. For him, it’s about hatred of the unfamiliar.
“Much of this discontent is driven by fears that are not fundamentally economic,” Obama pontificates, proceeding to delineate specific racist movements of which Trump supporters are simply the latest incarnation.
“The anti-immigrant, anti-Mexican, anti-Muslim, and anti-refugee sentiment expressed by some Americans today echoes nativist lurches of the past — the Alien and Sedition Acts of 1798, the Know-Nothings of the mid-1800s, the anti-Asian sentiment in the late 19th and early 20th centuries,” Obama writes.
Comparing Trump’s movement to the Know Nothing Party, a sometimes violently anti-Catholic and anti-immigrant movement that flourished briefly in the 1850s, is contemptible. Invoking late-19th century discrimination against the “yellow peril” of the immigrant Chinese is equally egregious. Obama is saying that Trump’s millions of backers are a bunch of rank bigots.
The president wants to see himself as the Lincolnesque warrior making a stand against neo-racists who would secretly like nothing better than to reinstall Jim Crow and boot everyone with a tanned or darker complexion out of the country.
But the movement behind Trump has legitimate, rational concerns that an immigration spigot that never closes introduces a foreign culture into America too quickly for assimilation to occur, threatening to adulterate — rather than slowly enhance — an American way of doing things that has succeeding brilliantly and made the entire world a better place.
Turning off the spigot is exactly what America did in the early 20th century, after millions immigrated from Central and Eastern Europe. For decades, immigration came to a halt as the country successfully absorbed alien cultures and fashioned them into a new, but not wholly changed, America.
The person who actually has a “crude” understanding of social forces is Obama. Blinded by his instinct to vilify his enemies and consumed by the egotistical self-absorption that makes him need to understand himself as a Great Man fighting the forces of evil, Obama misunderstands the sentiment that has arisen in rebellion against his policies.
Trump’s voters are not “anti-immigrant” or “anti-Mexican.” They are against unlimited immigration, a substantial amount of it illegal.
They are not anti-refugee or anti-Muslim, but are concerned that we are allowing into this country too many people whose world outlook is hostile toward the United States and who may bring terrorists with them.
Americans who support Trump are not driven by hate. They are driven by love, the love of a nation and a culture they see slipping away under a president who doesn’t understand the country’s history and, worse, holds large swaths of it in contempt.
Keith Koffler is the editor of the website White House Dossier and the newsletter Cut to the News.