Executive Order 13768: Enhancing Public Safety in the Interior of the United States

Policy effect

Broadens interior enforcement priorities to subject all undocumented or removable noncitizens to potential removal enforcement, restricts federal funding eligibility for jurisdictions refusing to comply with 8 U.S.C. 1373 ("sanctuary jurisdictions"), directs the establishment of the Victims of Immigration Crime Engagement (VOICE) office, and revokes prior enforcement priority memoranda.

Conditions and exceptions

Validated condition or limit: Broadens interior enforcement priorities to subject all undocumented or removable noncitizens to potential removal enforcement, restricts federal funding eligibility for jurisdictions refusing to comply with 8 U.S.C.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest. Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States. Sec. 2 . Policy. It is the policy of the executive branch to: (a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code; (b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States; (c) Ensure … section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens. Sec. 5 . Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who: (a) Have been … convicted of any criminal offense; (b) Have been charged with any criminal offense, where such charge has not been resolved; (c) Have committed acts that constitute a chargeable criminal offense; (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (e) Have abused any program related to receipt of public benefits; (f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (g) In the judgment of an immigration officer, otherwise pose a risk … Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373. (a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate … actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens. (c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction. Sec. 10 . Review of Previous Immigration Actions and Policies. (a) The Secretary shall immediately take all appropriate action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on November 20, 2014, and to reinstitute … direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to establish within U.S. Immigration and Customs Enforcement an office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. This office shall provide quarterly reports studying the effects of the victimization by criminal aliens present in the United States. ( printed page 8802) Sec. 14 . Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2017

• 2017-01-17Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
• 2017-01-25Executive Order 13767: Border Security and Immigration Enforcement Improvements
• 2017-01-27Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)
• 2017-03-04Yemen TPS beneficiaries continuously residing in the U.S.
• 2017-03-31Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)
• 2017-06-12Citizenship transmission requires longer US presence for unwed mothers
• 2017-09-05Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
• 2017-10-01Presidential Determination on Refugee Admissions for Fiscal Year 2018
• 2017-11-08Matter of G- Inc., Adopted Decision 2017-05