State of Washington, et al., v. Trump., et al
Filing
194
MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Complaint 3rd Amended, # 2 Index of Exhibits, # 3 Index of Declarations, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Decl of Joint Former National Security Officials, # 19 Decl of Nima Ala, # 20 2nd Decl of Rabyaah Althaibani, # 21 Decl of Alireza Ayoubi, # 22 Decl of Shervin Beygi, # 23 Decl of Bahareh Bina, # 24 Decl of Ethan Devenport, # 25 Decl of Yasaman Esmaili, # 26 Decl of Mahdi Hajiaghayi, # 27 Decl of Mojdeh Jalali Heravi, # 28 Decl of Vahid Jazayeri, # 29 Decl of Mohammad Shafiei Khadem, # 30 Decl of Ahmad Moghaddam, # 31 Decl of Younes Nouri, # 32 Decl of Proshat Parsimoghadam, # 33 Decl of Emad Soroush, # 34 Decl of Tannaz Sattari Tabrizi, # 35 Decl of Seyed Danial Vaezi, # 36 Decl of Banafsheh Samareh Abolhasani, # 37 Decl of Armin Alaghi, # 38 Decl of Pegah Jalali Asheghabadi, # 39 3rd Decl of Rovy Branon, # 40 5th Decl of Asif Chaudhry, # 41 Decl of Maryam Dadkhahan, # 42 Decl of Jason Detwiler, # 43 2nd Decl of David Eaton, # 44 Decl of Kiana Ehsani, # 45 Decl of Ali Farhadi, # 46 Decl of Hoda Farhadi, # 47 Decl of Maryam Fayazi, # 48 Decl of Mohammad Ghaedi, # 49 Decl of Anne Greenbaum, # 50 Decl of Hannaneh Hajishirzi, # 51 2nd Decl of Deirdre Heatwole, # 52 Decl of Parisa Hosseinzadeh, # 53 Decl of Adam Mokhalalati, # 54 Decl of Shima Nofallah, # 55 4th Decl of Jeffrey Riedinger, # 56 Decl of Solmaz Shakerifard, # 57 Decl of Khadijeh Sheikhan, # 58 Decl of Ali Shojaie, # 59 Decl of Hema Yoganarasimhan, # 60 2nd Decl of Kathy Oline, # 61 2nd Decl of Dave Soike, # 62 2nd Decl of Rita Zawaideh, # 63 2nd Decl of Mitra Akhtari, # 64 2nd Decl of Melanie de Leon, # 65 Decl of Payam Fotouhiyehpour, # 66 2nd Decl of Marc Overbeck, # 67 2nd Decl of Sana Parsian, # 68 Decl of Sahar Z. Zangenah, # 69 2nd Decl of Dennis Galvan, # 70 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen)
Third Amended
Complaint
Exhibit B
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the WHITE HOUSE
PRESIDENT DONALD J. TRUMP
From the Press Office
Speeches & Remarks
Press Briefings
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Nominations & Appointments
Presidential Actions
Executive Orders
Presidential Memoranda
Proclamations
Legislation
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The White House
Office of the Press Secretary
For Immediate Release
September 24, 2017
Presidential Proclamation
Enhancing Vetting Capabilities
and Processes for Detecting
Attempted Entry Into the United
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States by Terrorists or Other
Public-Safety Threats
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 thereafter engaged with the countries
reviewed in an effort to address deficiencies and achieve improvements. In many
instances, those efforts 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 efforts, 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 identity-management and information-sharing capabilities, protocols, and
practices. In some cases, these countries also have a significant terrorist presence
within their territory.
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As President, I must act to protect the security and interests of the United States and its
people. I am committed to our ongoing efforts 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
efforts. 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.
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 efforts 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 effectiveness 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 information-sharing and identity-management protocols and
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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:
(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 publicsafety 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.
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(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. 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 officials 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-
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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 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,
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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 crafting those countryspecific 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 sufficient information to assess
the risks they pose to the United States. These restrictions and limitations
are also needed to elicit improved identity-management and informationsharing protocols and practices from foreign governments; and to advance
foreign policy, national security, and counterterrorism objectives.
(ii) After 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 affords lawful permanent
residents more enduring rights than it does to nonimmigrants. Lawful
permanent residents are more difficult to remove than nonimmigrants even
after 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 exhibits significant gaps in its identitymanagement 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.
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(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 effectively 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
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and limited, as 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 terrorism-related 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 al-Qa'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.
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(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 necessary for the
protection of the national security and public safety of the United States.
Libya also has significant inadequacies in its identity-management
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.
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(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 public-safety 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 restrictions imposed by this proclamation
focus on government officials 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 officials 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 identitymanagement 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.
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(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 limits the effectiveness 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 sufficiently
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
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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 effective date under
section 7 of this proclamation;
(ii) do not have a valid visa on the applicable effective 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;
(ii) any foreign national who is admitted to or paroled into the United
States on or after the applicable effective 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 effective date under section 7 of this
proclamation or issued on any date thereafter, 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
non-designated 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
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(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 officer, 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-bycase 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 officer's or CBP official'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.
(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
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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 sufficient 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 officer as part of the visa adjudication
process will be effective 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 effective 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 effective 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;
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(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 whether countries have improved their identity-
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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 thereafter, 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, identity-management, 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
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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.
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 Affairs in order to
enhance the safety and security of the United States and to ensure
sufficient 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 thereafter.
(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 efficient, effective, 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,
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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 effective
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 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. Effective 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 effective 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
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(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 effective 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:
(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 affected 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 officials 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 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 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
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against the United States, its departments, agencies, or entities, its officers,
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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