State of Hawaii v. Trump

Filing 367

MOTION for Leave to File Third Amended Complaint Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: #1 Exhibit [Proposed] Third Amended Complaint, #2 Exhibit [Proposed] Ex. 1 to Third Amended Complaint, #3 Exhibit [Proposed] Ex. 2 to Third Amended Complaint., #4 Exhibit [Proposed] Ex. 3 to Third Amended Complaint, #5 Exhibit [Proposed] Ex. 4 to Third Amended Complaint, #6 Exhibit [Proposed] Ex. 5 to Third Amended Complaint, #7 Exhibit [Proposed] Ex. 6 to Third Amended Complaint, #8 Exhibit [Proposed] Ex. 7 to Third Amended Complaint, #9 Exhibit [Proposed] Ex. 8 to Third Amended Complaint, #10 Exhibit [Proposed] Ex. 9 to Third Amended Complaint, #11 Exhibit Proposed Order, #12 Certificate of Service)(Katyal, Neal)

10/9/2017 Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Ot…

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The White House
O ice of the Press Secretary
For Immediate Release

September 24, 2017

Presidential Proclamation
Enhancing Vetting Capabilities and
Processes for Detecting Attempted
Entry Into the United States by
Terrorists or Other Public-Safety
Threats
https://www.whitehouse.gov/the-press-office/2017/09/24/enhancing-vetting-capabilities-and-processes-detecting-attempted-entry

EXHIBIT 1

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ENHANCING VETTING CAPABILITIES AND PROCESSES FOR DETECTING ATTEMPTED ENTRY
INTO THE UNITED STATES BY TERRORISTS OR OTHER PUBLIC-SAFETY THREATS
------BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In Executive Order 13780 of March 6, 2017 (Protecting the Nation from Foreign Terrorist Entry
into the United States), on the recommendations of the Secretary of Homeland Security and
the Attorney General, I ordered a worldwide review of whether, and if so what, additional
information would be needed from each foreign country to assess adequately whether their
nationals seeking to enter the United States pose a security or safety threat.  This was the
first such review of its kind in United States history.  As part of the review, the Secretary of
Homeland Security established global requirements for information sharing in support of
immigration screening and vetting.  The Secretary of Homeland Security developed a
comprehensive set of criteria and applied it to the information-sharing practices, policies,
and capabilities of foreign governments.  The Secretary of State therea er engaged with the
countries reviewed in an e ort to address deficiencies and achieve improvements.  In many
instances, those e orts produced positive results.  By obtaining additional information and
formal commitments from foreign governments, the United States Government has
improved its capacity and ability to assess whether foreign nationals attempting to enter the
United States pose a security or safety threat.  Our Nation is safer as a result of this work.  
Despite those e orts, the Secretary of Homeland Security, in consultation with the Secretary
of State and the Attorney General, has determined that a small number of countries -- out of
nearly 200 evaluated -- remain deficient at this time with respect to their identitymanagement and information-sharing capabilities, protocols, and practices.  In some cases,
these countries also have a significant terrorist presence within their territory.  
As President, I must act to protect the security and interests of the United States and its
people.  I am committed to our ongoing e orts to engage those countries willing to
cooperate, improve information-sharing and identity-management protocols and
procedures, and address both terrorism-related and public-safety risks.  Some of the
countries with remaining inadequacies face significant challenges.  Others have made
strides to improve their protocols and procedures, and I commend them for these e orts.
 But until they satisfactorily address the identified inadequacies, I have determined, on the
basis of recommendations from the Secretary of Homeland Security and other members of
my Cabinet, to impose certain conditional restrictions and limitations, as set forth more fully
below, on entry into the United States of nationals of the countries identified in section 2 of
this proclamation.
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NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution
and the laws of the United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3,
United States Code, hereby find that, absent the measures set forth in this proclamation, the
immigrant and nonimmigrant entry into the United States of persons described in section 2
of this proclamation would be detrimental to the interests of the United States, and that
their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore
hereby proclaim the following: 
Section 1.  Policy and Purpose.  (a)  It is the policy of the United States to protect its citizens
from terrorist attacks and other public-safety threats.  Screening and vetting protocols and
procedures associated with visa adjudications and other immigration processes play a
critical role in implementing that policy.  They enhance our ability to detect foreign
nationals who may commit, aid, or support acts of terrorism, or otherwise pose a safety
threat, and they aid our e orts to prevent such individuals from entering the United States. 
(b)  Information-sharing and identity-management protocols and practices of foreign
governments are important for the e ectiveness of the screening and vetting protocols
and procedures of the United States.  Governments manage the identity and travel
documents of their nationals and residents.  They also control the circumstances
under which they provide information about their nationals to other governments,
including information about known or suspected terrorists and criminal-history
information.  It is, therefore, the policy of the United States to take all necessary and
appropriate steps to encourage foreign governments to improve their informationsharing and identity-management protocols and practices and to regularly share
identity and threat information with our immigration screening and vetting systems.  
(c)  Section 2(a) of Executive Order 13780 directed a "worldwide review to identify
whether, and if so what, additional information will be needed from each foreign
country to adjudicate an application by a national of that country for a visa,
admission, or other benefit under the INA (adjudications) in order to determine that
the individual is not a security or public-safety threat."  That review culminated in a
report submitted to the President by the Secretary of Homeland Security on July 9,
2017.  In that review, the Secretary of Homeland Security, in consultation with the
Secretary of State and the Director of National Intelligence, developed a baseline for
the kinds of information required from foreign governments to support the United
States Government's ability to confirm the identity of individuals seeking entry into
the United States as immigrants and nonimmigrants, as well as individuals applying
for any other benefit under the immigration laws, and to assess whether they are a
security or public-safety threat.  That baseline incorporates three categories of criteria:

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(i)    Identity-management information.  The United States expects foreign
governments to provide the information needed to determine whether
individuals seeking benefits under the immigration laws are who they claim to
be.  The identity-management information category focuses on the integrity of
documents required for travel to the United States.  The criteria assessed in this
category include whether the country issues electronic passports embedded
with data to enable confirmation of identity, reports lost and stolen passports to
appropriate entities, and makes available upon request identity-related
information not included in its passports. 
(ii)   National security and public-safety information.  The United States expects
foreign governments to provide information about whether persons who seek
entry to this country pose national security or public-safety risks.  The criteria
assessed in this category include whether the country makes available, directly
or indirectly, known or suspected terrorist and criminal-history information
upon request, whether the country provides passport and national-identity
document exemplars, and whether the country impedes the United States
Government's receipt of information about passengers and crew traveling to the
United States.
(iii)  National security and public-safety risk assessment.  The national security
and public-safety risk assessment category focuses on national security risk
indicators.  The criteria assessed in this category include whether the country is
a known or potential terrorist safe haven, whether it is a participant in the Visa
Waiver Program established under section 217 of the INA, 8 U.S.C. 1187, that
meets all of its requirements, and whether it regularly fails to receive its
nationals subject to final orders of removal from the United States.
(d)  The Department of Homeland Security, in coordination with the Department of
State, collected data on the performance of all foreign governments and assessed each
country against the baseline described in subsection (c) of this section.  The
assessment focused, in particular, on identity management, security and public-safety
threats, and national security risks.  Through this assessment, the agencies measured
each country's performance with respect to issuing reliable travel documents and
implementing adequate identity-management and information-sharing protocols and
procedures, and evaluated terrorism-related and public-safety risks associated with
foreign nationals seeking entry into the United States from each country.
(e)  The Department of Homeland Security evaluated each country against the
baseline described in subsection (c) of this section.  The Secretary of Homeland
Security identified 16 countries as being "inadequate" based on an analysis of their
identity-management protocols, information-sharing practices, and risk factors.
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 Thirty-one additional countries were classified "at risk" of becoming "inadequate"
based on those criteria.  
(f)  As required by section 2(d) of Executive Order 13780, the Department of State
conducted a 50-day engagement period to encourage all foreign governments, not just
the 47 identified as either "inadequate" or "at risk," to improve their performance with
respect to the baseline described in subsection (c) of this section.  Those engagements
yielded significant improvements in many countries.  Twenty-nine countries, for
example, provided travel document exemplars for use by Department of Homeland
Security o icials to combat fraud.  Eleven countries agreed to share information on
known or suspected terrorists.  
(g)  The Secretary of Homeland Security assesses that the following countries continue
to have "inadequate" identity-management protocols, information-sharing practices,
and risk factors, with respect to the baseline described in subsection (c) of this section,
such that entry restrictions and limitations are recommended:  Chad, Iran, Libya,
North Korea, Syria, Venezuela, and Yemen.  The Secretary of Homeland Security also
assesses that Iraq did not meet the baseline, but that entry restrictions and limitations
under a Presidential proclamation are not warranted.  The Secretary of Homeland
Security recommends, however, that nationals of Iraq who seek to enter the United
States be subject to additional scrutiny to determine if they pose risks to the national
security or public safety of the United States.  In reaching these conclusions, the
Secretary of Homeland Security considered the close cooperative relationship
between the United States and the democratically elected government of Iraq, the
strong United States diplomatic presence in Iraq, the significant presence of United
States forces in Iraq, and Iraq's commitment to combating the Islamic State of Iraq and
Syria (ISIS).  
(h)  Section 2(e) of Executive Order 13780 directed the Secretary of Homeland Security
to "submit to the President a list of countries recommended for inclusion in a
Presidential proclamation that would prohibit the entry of appropriate categories of
foreign nationals of countries that have not provided the information requested until
they do so or until the Secretary of Homeland Security certifies that the country has an
adequate plan to do so, or has adequately shared information through other means."
 On September 15, 2017, the Secretary of Homeland Security submitted a report to me
recommending entry restrictions and limitations on certain nationals of 7 countries
determined to be "inadequate" in providing such information and in light of other
factors discussed in the report.  According to the report, the recommended restrictions
would help address the threats that the countries' identity-management protocols,
information-sharing inadequacies, and other risk factors pose to the security and
welfare of the United States.  The restrictions also encourage the countries to work
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with the United States to address those inadequacies and risks so that the restrictions
and limitations imposed by this proclamation may be relaxed or removed as soon as
possible.
(i)    In evaluating the recommendations of the Secretary of Homeland Security
and in determining what restrictions to impose for each country, I consulted
with appropriate Assistants to the President and members of the Cabinet,
including the Secretaries of State, Defense, and Homeland Security, and the
Attorney General.  I considered several factors, including each country's
capacity, ability, and willingness to cooperate with our identity-management
and information-sharing policies and each country's risk factors, such as
whether it has a significant terrorist presence within its territory.  I also
considered foreign policy, national security, and counterterrorism goals.  I
reviewed these factors and assessed these goals, with a particular focus on
cra ing those country-specific restrictions that would be most likely to
encourage cooperation given each country's distinct circumstances, and that
would, at the same time, protect the United States until such time as
improvements occur.  The restrictions and limitations imposed by this
proclamation are, in my judgment, necessary to prevent the entry of those
foreign nationals about whom the United States Government lacks su icient
information to assess the risks they pose to the United States.  These restrictions
and limitations are also needed to elicit improved identity-management and
information-sharing protocols and practices from foreign governments; and to
advance foreign policy, national security, and counterterrorism objectives.
(ii)   A er reviewing the Secretary of Homeland Security's report of September
15, 2017, and accounting for the foreign policy, national security, and
counterterrorism objectives of the United States, I have determined to restrict
and limit the entry of nationals of 7 countries found to be "inadequate" with
respect to the baseline described in subsection (c) of this section:  Chad, Iran,
Libya, North Korea, Syria, Venezuela, and Yemen.  These restrictions distinguish
between the entry of immigrants and nonimmigrants.  Persons admitted on
immigrant visas become lawful permanent residents of the United States.  Such
persons may present national security or public-safety concerns that may be
distinct from those admitted as nonimmigrants.  The United States a ords lawful
permanent residents more enduring rights than it does to nonimmigrants.
 Lawful permanent residents are more di icult to remove than nonimmigrants
even a er national security concerns arise, which heightens the costs and
dangers of errors associated with admitting such individuals.  And although
immigrants generally receive more extensive vetting than nonimmigrants, such
vetting is less reliable when the country from which someone seeks to emigrate
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exhibits significant gaps in its identity-management or information-sharing
policies, or presents risks to the national security of the United States.  For all
but one of those 7 countries, therefore, I am restricting the entry of all
immigrants. 
(iii)  I am adopting a more tailored approach with respect to nonimmigrants, in
accordance with the recommendations of the Secretary of Homeland Security.
 For some countries found to be "inadequate" with respect to the baseline
described in subsection (c) of this section, I am restricting the entry of all
nonimmigrants.  For countries with certain mitigating factors, such as a
willingness to cooperate or play a substantial role in combatting terrorism, I am
restricting the entry only of certain categories of nonimmigrants, which will
mitigate the security threats presented by their entry into the United States.  In
those cases in which future cooperation seems reasonably likely, and accounting
for foreign policy, national security, and counterterrorism objectives, I have
tailored the restrictions to encourage such improvements.  
(i)  Section 2(e) of Executive Order 13780 also provided that the "Secretary of State, the
Attorney General, or the Secretary of Homeland Security may also submit to the
President the names of additional countries for which any of them recommends other
lawful restrictions or limitations deemed necessary for the security or welfare of the
United States."  The Secretary of Homeland Security determined that Somalia
generally satisfies the information-sharing requirements of the baseline described in
subsection (c) of this section, but its government's inability to e ectively and
consistently cooperate, combined with the terrorist threat that emanates from its
territory, present special circumstances that warrant restrictions and limitations on
the entry of its nationals into the United States.  Somalia's identity-management
deficiencies and the significant terrorist presence within its territory make it a source
of particular risks to the national security and public safety of the United States.
 Based on the considerations mentioned above, and as described further in section
2(h) of this proclamation, I have determined that entry restrictions, limitations, and
other measures designed to ensure proper screening and vetting for nationals of
Somalia are necessary for the security and welfare of the United States.
(j)  Section 2 of this proclamation describes some of the inadequacies that led me to
impose restrictions on the specified countries.  Describing all of those reasons
publicly, however, would cause serious damage to the national security of the United
States, and many such descriptions are classified.   
Sec. 2.  Suspension of Entry for Nationals of Countries of Identified Concern.  The entry into
the United States of nationals of the following countries is hereby suspended and limited, as
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follows, subject to categorical exceptions and case by-case waivers, as described in sections
3 and 6 of this proclamation:
(a)  Chad.  
(i)   The government of Chad is an important and valuable counterterrorism
partner of the United States, and the United States Government looks forward to
expanding that cooperation, including in the areas of immigration and border
management.  Chad has shown a clear willingness to improve in these areas.
 Nonetheless, Chad does not adequately share public-safety and terrorismrelated information and fails to satisfy at least one key risk criterion.
 Additionally, several terrorist groups are active within Chad or in the
surrounding region, including elements of Boko Haram, ISIS-West Africa, and alQa'ida in the Islamic Maghreb.  At this time, additional information sharing to
identify those foreign nationals applying for visas or seeking entry into the
United States who represent national security and public-safety threats is
necessary given the significant terrorism-related risk from this country.  
(ii)  The entry into the United States of nationals of Chad, as immigrants, and as
nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2)
visas, is hereby suspended.
(b)  Iran.  
(i)   Iran regularly fails to cooperate with the United States Government in
identifying security risks, fails to satisfy at least one key risk criterion, is the
source of significant terrorist threats, and fails to receive its nationals subject to
final orders of removal from the United States.  The Department of State has also
designated Iran as a state sponsor of terrorism. 
(ii)  The entry into the United States of nationals of Iran as immigrants and as
nonimmigrants is hereby suspended, except that entry by such nationals under
valid student (F and M) and exchange visitor (J) visas is not suspended, although
such individuals should be subject to enhanced screening and vetting
requirements.
(c)  Libya.
(i)   The government of Libya is an important and valuable counterterrorism
partner of the United States, and the United States Government looks forward to
expanding on that cooperation, including in the areas of immigration and border
management.  Libya, nonetheless, faces significant challenges in sharing several
types of information, including public-safety and terrorism-related information
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necessary for the protection of the national security and public safety of the
United States.  Libya also has significant inadequacies in its identitymanagement protocols.  Further, Libya fails to satisfy at least one key risk
criterion and has been assessed to be not fully cooperative with respect to
receiving its nationals subject to final orders of removal from the United States.
 The substantial terrorist presence within Libya's territory amplifies the risks
posed by the entry into the United States of its nationals.  
(ii)  The entry into the United States of nationals of Libya, as immigrants, and as
nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2)
visas, is hereby suspended.
(d)  North Korea.  
(i)   North Korea does not cooperate with the United States Government in any
respect and fails to satisfy all information-sharing requirements. 
(ii)  The entry into the United States of nationals of North Korea as immigrants
and nonimmigrants is hereby suspended.
(e)  Syria.  
(i)   Syria regularly fails to cooperate with the United States Government in
identifying security risks, is the source of significant terrorist threats, and has
been designated by the Department of State as a state sponsor of terrorism.
 Syria has significant inadequacies in identity-management protocols, fails to
share public-safety and terrorism information, and fails to satisfy at least one key
risk criterion.
(ii)  The entry into the United States of nationals of Syria as immigrants and
nonimmigrants is hereby suspended.
(f)  Venezuela.  
(i)   Venezuela has adopted many of the baseline standards identified by the
Secretary of Homeland Security and in section 1 of this proclamation, but its
government is uncooperative in verifying whether its citizens pose national
security or public-safety threats.  Venezuela's government fails to share publicsafety and terrorism-related information adequately, fails to satisfy at least one
key risk criterion, and has been assessed to be not fully cooperative with respect
to receiving its nationals subject to final orders of removal from the United
States.  There are, however, alternative sources for obtaining information to
verify the citizenship and identity of nationals from Venezuela.  As a result, the
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restrictions imposed by this proclamation focus on government o icials of
Venezuela who are responsible for the identified inadequacies.
(ii)  Notwithstanding section 3(b)(v) of this proclamation, the entry into the
United States of o icials of government agencies of Venezuela involved in
screening and vetting procedures -- including the Ministry of the Popular Power
for Interior, Justice and Peace; the Administrative Service of Identification,
Migration and Immigration; the Scientific, Penal and Criminal Investigation
Service Corps; the Bolivarian National Intelligence Service; and the Ministry of
the Popular Power for Foreign Relations -- and their immediate family members,
as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2)
visas, is hereby suspended.  Further, nationals of Venezuela who are visa holders
should be subject to appropriate additional measures to ensure traveler
information remains current. 
(g)  Yemen.
(i)   The government of Yemen is an important and valuable counterterrorism
partner, and the United States Government looks forward to expanding that
cooperation, including in the areas of immigration and border management.
 Yemen, nonetheless, faces significant identity-management challenges, which
are amplified by the notable terrorist presence within its territory.  The
government of Yemen fails to satisfy critical identity-management requirements,
does not share public-safety and terrorism-related information adequately, and
fails to satisfy at least one key risk criterion.
(ii)  The entry into the United States of nationals of Yemen as immigrants, and as
nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2)
visas, is hereby suspended.
(h)  Somalia.  
(i)   The Secretary of Homeland Security's report of September 15, 2017,
determined that Somalia satisfies the information-sharing requirements of the
baseline described in section 1(c) of this proclamation.  But several other
considerations support imposing entry restrictions and limitations on Somalia.
 Somalia has significant identity-management deficiencies.  For example, while
Somalia issues an electronic passport, the United States and many other
countries do not recognize it.  A persistent terrorist threat also emanates from
Somalia's territory.  The United States Government has identified Somalia as a
terrorist safe haven.  Somalia stands apart from other countries in the degree to
which its government lacks command and control of its territory, which greatly
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limits the e ectiveness of its national capabilities in a variety of respects.
 Terrorists use under-governed areas in northern, central, and southern Somalia
as safe havens from which to plan, facilitate, and conduct their operations.
 Somalia also remains a destination for individuals attempting to join terrorist
groups that threaten the national security of the United States.  The State
Department's 2016 Country Reports on Terrorism observed that Somalia has not
su iciently degraded the ability of terrorist groups to plan and mount attacks
from its territory.  Further, despite having made significant progress toward
formally federating its member states, and its willingness to fight terrorism,
Somalia continues to struggle to provide the governance needed to limit
terrorists' freedom of movement, access to resources, and capacity to operate.
 The government of Somalia's lack of territorial control also compromises
Somalia's ability, already limited because of poor recordkeeping, to share
information about its nationals who pose criminal or terrorist risks.  As a result
of these and other factors, Somalia presents special concerns that distinguish it
from other countries.
(ii)  The entry into the United States of nationals of Somalia as immigrants is
hereby suspended.  Additionally, visa adjudications for nationals of Somalia and
decisions regarding their entry as nonimmigrants should be subject to
additional scrutiny to determine if applicants are connected to terrorist
organizations or otherwise pose a threat to the national security or public safety
of the United States. 
Sec. 3.  Scope and Implementation of Suspensions and Limitations.  (a)  Scope.  Subject to
the exceptions set forth in subsection (b) of this section and any waiver under subsection (c)
of this section, the suspensions of and limitations on entry pursuant to section 2 of this
proclamation shall apply only to foreign nationals of the designated countries who:
(i)    are outside the United States on the applicable e ective date under section
7 of this proclamation; 
(ii)   do not have a valid visa on the applicable e ective date under section 7 of
this proclamation; and
(iii)  do not qualify for a visa or other valid travel document under section 6(d) of
this proclamation.
(b)  Exceptions.  The suspension of entry pursuant to section 2 of this proclamation
shall not apply to:
(i)    any lawful permanent resident of the United States;
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(ii)   any foreign national who is admitted to or paroled into the United States on
or a er the applicable e ective date under section 7 of this proclamation;
(iii)  any foreign national who has a document other than a visa -- such as a
transportation letter, an appropriate boarding foil, or an advance parole
document -- valid on the applicable e ective date under section 7 of this
proclamation or issued on any date therea er, that permits him or her to travel
to the United States and seek entry or admission;
(iv)   any dual national of a country designated under section 2 of this
proclamation when the individual is traveling on a passport issued by a nondesignated country;
(v)    any foreign national traveling on a diplomatic or diplomatic-type visa, North
Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1,
G-2, G-3, or G-4 visa; or
(vi)   any foreign national who has been granted asylum by the United States; any
refugee who has already been admitted to the United States; or any individual
who has been granted withholding of removal, advance parole, or protection
under the Convention Against Torture.
(c)  Waivers.  Notwithstanding the suspensions of and limitations on entry set forth in
section 2 of this proclamation, a consular o icer, or the Commissioner, United States
Customs and Border Protection (CBP), or the Commissioner's designee, as
appropriate, may, in their discretion, grant waivers on a case-by-case basis to permit
the entry of foreign nationals for whom entry is otherwise suspended or limited if such
foreign nationals demonstrate that waivers would be appropriate and consistent with
subsections (i) through (iv) of this subsection.  The Secretary of State and the
Secretary of Homeland Security shall coordinate to adopt guidance addressing the
circumstances in which waivers may be appropriate for foreign nationals seeking entry
as immigrants or nonimmigrants.
(i)    A waiver may be granted only if a foreign national demonstrates to the
consular o icer's or CBP o icial's satisfaction that:
(A)  denying entry would cause the foreign national undue hardship;
(B)  entry would not pose a threat to the national security or public safety
of the United States; and
(C)  entry would be in the national interest.

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(ii)   The guidance issued by the Secretary of State and the Secretary of
Homeland Security under this subsection shall address the standards, policies,
and procedures for:
(A)  determining whether the entry of a foreign national would not pose a
threat to the national security or public safety of the United States;
(B)  determining whether the entry of a foreign national would be in the
national interest;
(C)  addressing and managing the risks of making such a determination in
light of the inadequacies in information sharing, identity management,
and other potential dangers posed by the nationals of individual countries
subject to the restrictions and limitations imposed by this proclamation;
(D)  assessing whether the United States has access, at the time of the
waiver determination, to su icient information about the foreign national
to determine whether entry would satisfy the requirements of subsection
(i) of this subsection; and
(E)  determining the special circumstances that would justify granting a
waiver under subsection (iv)(E) of this subsection.
(iii)  Unless otherwise specified by the Secretary of Homeland Security, any
waiver issued by a consular o icer as part of the visa adjudication process will
be e ective both for the issuance of a visa and for any subsequent entry on that
visa, but will leave unchanged all other requirements for admission or entry.  
(iv)   Case-by-case waivers may not be granted categorically, but may be
appropriate, subject to the limitations, conditions, and requirements set forth
under subsection (i) of this subsection and the guidance issued under
subsection (ii) of this subsection, in individual circumstances such as the
following:
(A)  the foreign national has previously been admitted to the United States
for a continuous period of work, study, or other long-term activity, is
outside the United States on the applicable e ective date under section 7
of this proclamation, seeks to reenter the United States to resume that
activity, and the denial of reentry would impair that activity;
(B)  the foreign national has previously established significant contacts
with the United States but is outside the United States on the applicable

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e ective date under section 7 of this proclamation for work, study, or other
lawful activity;
(C)  the foreign national seeks to enter the United States for significant
business or professional obligations and the denial of entry would impair
those obligations;
(D)  the foreign national seeks to enter the United States to visit or reside
with a close family member (e.g., a spouse, child, or parent) who is a
United States citizen, lawful permanent resident, or alien lawfully
admitted on a valid nonimmigrant visa, and the denial of entry would
cause the foreign national undue hardship;
(E)  the foreign national is an infant, a young child or adoptee, an
individual needing urgent medical care, or someone whose entry is
otherwise justified by the special circumstances of the case;
(F)  the foreign national has been employed by, or on behalf of, the United
States Government (or is an eligible dependent of such an employee), and
the foreign national can document that he or she has provided faithful and
valuable service to the United States Government;
(G)  the foreign national is traveling for purposes related to an
international organization designated under the International
Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for
purposes of conducting meetings or business with the United States
Government, or traveling to conduct business on behalf of an international
organization not designated under the IOIA;
(H)  the foreign national is a Canadian permanent resident who applies for
a visa at a location within Canada; 
(I)  the foreign national is traveling as a United States Governmentsponsored exchange visitor; or
(J)  the foreign national is traveling to the United States, at the request of a
United States Government department or agency, for legitimate law
enforcement, foreign policy, or national security purposes.
Sec. 4.  Adjustments to and Removal of Suspensions and Limitations.  (a)  The Secretary of
Homeland Security shall, in consultation with the Secretary of State, devise a process to
assess whether any suspensions and limitations imposed by section 2 of this proclamation
should be continued, terminated, modified, or supplemented.  The process shall account for
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whether countries have improved their identity-management and information-sharing
protocols and procedures based on the criteria set forth in section 1 of this proclamation
and the Secretary of Homeland Security's report of September 15, 2017.  Within 180 days of
the date of this proclamation, and every 180 days therea er, the Secretary of Homeland
Security, in consultation with the Secretary of State, the Attorney General, the Director of
National Intelligence, and other appropriate heads of agencies, shall submit a report with
recommendations to the President, through appropriate Assistants to the President,
regarding the following: 
(i)   the interests of the United States, if any, that continue to require the
suspension of, or limitations on, the entry on certain classes of nationals of
countries identified in section 2 of this proclamation and whether the
restrictions and limitations imposed by section 2 of this proclamation should be
continued, modified, terminated, or supplemented; and 
(ii)  the interests of the United States, if any, that require the suspension of, or
limitations on, the entry of certain classes of nationals of countries not identified
in this proclamation. 
(b)  The Secretary of State, in consultation with the Secretary of Homeland Security,
the Secretary of Defense, the Attorney General, the Director of National Intelligence,
and the head of any other executive department or agency (agency) that the Secretary
of State deems appropriate, shall engage the countries listed in section 2 of this
proclamation, and any other countries that have information-sharing, identitymanagement, or risk-factor deficiencies as practicable, appropriate, and consistent
with the foreign policy, national security, and public-safety objectives of the United
States.
(c)  Notwithstanding the process described above, and consistent with the process
described in section 2(f) of Executive Order 13780, if the Secretary of Homeland
Security, in consultation with the Secretary of State, the Attorney General, and the
Director of National Intelligence, determines, at any time, that a country meets the
standards of the baseline described in section 1(c) of this proclamation, that a country
has an adequate plan to provide such information, or that one or more of the
restrictions or limitations imposed on the entry of a country's nationals are no longer
necessary for the security or welfare of the United States, the Secretary of Homeland
Security may recommend to the President the removal or modification of any or all
such restrictions and limitations.  The Secretary of Homeland Security, the Secretary
of State, or the Attorney General may also, as provided for in Executive Order 13780,
submit to the President the names of additional countries for which any of them
recommends any lawful restrictions or limitations deemed necessary for the security
or welfare of the United States.
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Sec. 5.  Reports on Screening and Vetting Procedures.  (a)  The Secretary of Homeland
Security, in coordination with the Secretary of State, the Attorney General, the Director of
National Intelligence, and other appropriate heads of agencies shall submit periodic reports
to the President, through appropriate Assistants to the President, that: 
(i)    describe the steps the United States Government has taken to improve
vetting for nationals of all foreign countries, including through improved
collection of biometric and biographic data;
(ii)   describe the scope and magnitude of fraud, errors, false information, and
unverifiable claims, as determined by the Secretary of Homeland Security on the
basis of a validation study, made in applications for immigration benefits under
the immigration laws; and
(iii)  evaluate the procedures related to screening and vetting established by the
Department of State's Bureau of Consular A airs in order to enhance the safety
and security of the United States and to ensure su icient review of applications
for immigration benefits.  
(b)  The initial report required under subsection (a) of this section shall be submitted
within 180 days of the date of this proclamation; the second report shall be submitted
within 270 days of the first report; and reports shall be submitted annually therea er.
(c)  The agency heads identified in subsection (a) of this section shall coordinate any
policy developments associated with the reports described in subsection (a) of this
section through the appropriate Assistants to the President.
Sec. 6.  Enforcement.  (a)  The Secretary of State and the Secretary of Homeland Security
shall consult with appropriate domestic and international partners, including countries and
organizations, to ensure e icient, e ective, and appropriate implementation of this
proclamation.
(b)  In implementing this proclamation, the Secretary of State and the Secretary of
Homeland Security shall comply with all applicable laws and regulations, including
those that provide an opportunity for individuals to enter the United States on the
basis of a credible claim of fear of persecution or torture.
(c)  No immigrant or nonimmigrant visa issued before the applicable e ective date
under section 7 of this proclamation shall be revoked pursuant to this proclamation.  
(d)  Any individual whose visa was marked revoked or marked canceled as a result of
Executive Order 13769 of January 27, 2017 (Protecting the Nation from Foreign
Terrorist Entry into the United States), shall be entitled to a travel document
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confirming that the individual is permitted to travel to the United States and seek
entry under the terms and conditions of the visa marked revoked or marked canceled.
 Any prior cancellation or revocation of a visa that was solely pursuant to Executive
Order 13769 shall not be the basis of inadmissibility for any future determination
about entry or admissibility.
(e)  This proclamation shall not apply to an individual who has been granted asylum by
the United States, to a refugee who has already been admitted to the United States, or
to an individual granted withholding of removal or protection under the Convention
Against Torture.  Nothing in this proclamation shall be construed to limit the ability of
an individual to seek asylum, refugee status, withholding of removal, or protection
under the Convention Against Torture, consistent with the laws of the United States.
Sec. 7.  E ective Dates.  Executive Order 13780 ordered a temporary pause on the entry of
foreign nationals from certain foreign countries.  In two cases, however, Federal courts have
enjoined those restrictions.  The Supreme Court has stayed those injunctions as to foreign
nationals who lack a credible claim of a bona fide relationship with a person or entity in the
United States, pending its review of the decisions of the lower courts.
(a)  The restrictions and limitations established in section 2 of this proclamation are
e ective at 3:30 p.m. eastern daylight time on September 24, 2017, for foreign
nationals who:
(i)   were subject to entry restrictions under section 2 of Executive Order 13780,
or would have been subject to the restrictions but for section 3 of that Executive
Order, and 
(ii)  lack a credible claim of a bona fide relationship with a person or entity in the
United States.
(b)  The restrictions and limitations established in section 2 of this proclamation are
e ective at 12:01 a.m. eastern daylight time on October 18, 2017, for all other persons
subject to this proclamation, including nationals of:
(i)   Iran, Libya, Syria, Yemen, and Somalia who have a credible claim of a bona
fide relationship with a person or entity in the United States; and
(ii)  Chad, North Korea, and Venezuela.  
Sec. 8.  Severability.  It is the policy of the United States to enforce this proclamation to the
maximum extent possible to advance the national security, foreign policy, and
counterterrorism interests of the United States.  Accordingly:

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(a)  if any provision of this proclamation, or the application of any provision to any
person or circumstance, is held to be invalid, the remainder of this proclamation and
the application of its other provisions to any other persons or circumstances shall not
be a ected thereby; and
(b)  if any provision of this proclamation, or the application of any provision to any
person or circumstance, is held to be invalid because of the lack of certain procedural
requirements, the relevant executive branch o icials shall implement those
procedural requirements to conform with existing law and with any applicable court
orders.
Sec. 9.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or
otherwise a ect:
(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 O ice of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b)  This proclamation shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c)  This proclamation 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 o icers, employees, or agents,
or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of September, in
the year of our Lord two thousand seventeen, and of the Independence of the United States
of America the two hundred and forty-second.
DONALD J. TRUMP

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