Executive Order 13767: Border Security and Immigration Enforcement Improvements

Policy effect

Directs executive departments and agencies to deploy all lawful means to secure the southern border, initiate construction of a contiguous physical border wall, assign asylum officers to detention centers at/near the border, end "catch and release" practices, expand expedited removal, and expand State and local law enforcement partnerships under INA § 287(g).

Official source excerpt

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

… s southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws--and the Congress has authorized and provided appropriations to secure our borders--the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation's southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely. Sec … (a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border; (b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border; (c) Project and develop long-term funding requirements for the wall, including preparing Congressional … appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico. (b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations … apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as ``catch and release,'' whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law. Sec. 7. Return to Territory. The Secretary shall … States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)). (b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United … conducted in a manner consistent with the plain language of those provisions. (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II). (d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances …

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 13768: Enhancing Public Safety in the Interior of the United States
• 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