From Sent: Friday, January 27,2017 6:41 PM (6 (77C . . ?@cep DHS (6) (7) (C) @cbp. DHS (b @Cbp.dhs.govC> Subject: FW: FINAL SIGNED EO FOR ACTION From: MCALEENAN, KEVIN Sent: Friday, January 27,2017 6:41 PM - (5), (7X0) (6), We) Ccap pus (b Subject: FINAL CSIGNED EO FOR ACTION PROPERTY OF U.S. CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000001 THE WHITE HOUSE Office of the Press Secretary For Immediate Release January 27, 2017 EXECUTIVE ORDER PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows: Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States. Numerous foreign?born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrbrists will use any means possible to enter the United States. The United States must be vigilant during the visa- issuance process to ensure that those approved for admission EO FOIA CBP 0000000002 2 do not intend to harm Americans and that they have no ties to terrorism. In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including "honor" killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation. Sec. g. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes. Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public?safety threat. The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection of this section, including the Secretary of Homeland Security's determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence. To temporarily reduce investigative burdens on relevant agencies during the review period described in E0 FOIA CBP 0000000003 3 subsection of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, visas for travel to the United Nations, and G-l, G-2, and visas). Immediately upon receipt of the report described in subsection of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification. After the 60?day period described in subsection of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-l, G-2, G-3, and visas) from countries that do not provide the information requested pursuant to subsection of this section until compliance occurs. At any point after submitting the list described in subsection of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment. Notwithstanding a suspension pursuant to subsection of this section or pursuant to a Presidential proclamation described in subsection of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration EO FOIA CBP 0000000004 4 benefits to nationals of countries for which visas and benefits are otherwise blocked. The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order. g. Implementing Uniform Screening Standards for All Immigration Programs. The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant's likelihood of becoming a positively contributing member of society and the applicant's ability to 'make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States. The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order. Sec. g. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120?day period, the Secretary of State, in EO FOIA CBP 0000000005 5 conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States. Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization. (0) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest. Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest. Notwithstanding the temporary suspension imposed pursuant to subsection of this section, the Secretaries of EO FOIA CBP 0000000006 6 State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship and it would not pose a risk to the security or welfare of the United States. The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order. (9) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement. SEE. g. Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda. 'Seg. 1. Expedited Completion of the Biometric Entry?Exit Tracking System. The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry- exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States. EO FOIA CBP 0000000007 7 The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection of this section. The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational. S99. g. Visa Interview Security. The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions. To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected. Sec. 2. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(0) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable. Sec. 19. Transparency and Data Collection. To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with EO FOIA CBP 0000000008 8 applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter: information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism- related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later; (ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and information regarding the number and types of acts of gender?based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and (iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses. The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels. Sec. ll. General Provisions. Nothing in this order shall be construed to impair or otherwise affect: the authority granted by law to an executive department or agency, or the head thereof; or E0 FOIA CBP 0000000009 9 (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This order shall be implemented consistent with applicable law and subject to the availability of appropriations. . This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP THE WHITE HOUSE, January 27, 2017. EO FOIA CBP 0000000010 I l-I I I .lu" US. Customs and Border Protection Memorandum l?ur: Directut's. l'ieid )petatiuns l?rom: 'l?odd llul't'man Executive and Passenger Programs Of?ce of Field Hperatinns Subject: Guidance on l'\ec1tlt\e Urtler "Protecting the \'attnn from Foreign 'i'ermrisi min the States" lii?i?cctn'e immediately. and pursuant to l-\ecuu\ e- )rder ting n?re .Vu/mn n-um l?nrei?en 'IL'I'I'uris! Erma inn: r/te Cum-J Via/cs" t. anuar} It)! 7 r. all e31 r} iritu the States for aliens ?he are natinnals lrum lran. Mun-aim. Sudan. S}Titt;tt1cl Yemen is hereby suspended in accurdance Section 212m Ul the 1 his includes all non- immigranl classi?cations. with the nl'thuse foreign natmnais trax elm-5 an diplomatic \?isas. l'O \?lSiiS. C3 \?iSilS lkir traxel tn the l'niteti \zitimts. (ll. (32. ti-R. and ti--l isas. lliis also includes all immigrant classes ul'admissinn. returning resident aliens refugees and as} lees. The Department to State has pm ideti ?ill! .1 letter isiunall} tewking all immigrant and non-immigrant visas for nationals u: lran. Iran. .\nmalia. Sudan. and Yemen. Rerocatinns may not yet he annotated in the systen?. Wherever the denial ut tmaidzag titre-ugh lncatiuns. and Should aliens. subject to the lisecutne ()rder. .1l'l'i\c? at the port CBP ul'licers are instructed to take the liilltm in; actions: hearing l'mix min." 1' ."am limit/grams neessing will he rec-.irdetl system. according to cut'ren pit ic} pincer. urc. (3) Su Jects \\ill he allmxed to \xithdrau their applicatinn for on l'arm i374 without a sworn statement. All other pmcedutcs pertaining in the pzneessing 03' Form l- 275 withdranal cases appl}. (3) Should the alien decline to \\ithdru\\ then applicatmn lur admission. the alien ?Ill he placed in l{\pedited Remmal in aecnrdanec uith standard Operating ptncedures. (-4) Aliens claiming tear t-l'return in ill he related in an as} lum officer. and processed for Expedited Removal-(redible l'car (liRi- I. .\liens prucessecl under lZRl' procedures ?ill EO FOIA CBP 0000000011 fit (l Ram, ddemdeMIsofField 'onsandSESPortDitectots. Omanexemption habeengranmdm?tsof benomdin followinglangmge: 1: mm ?minim aubamd 15-001mm to 2120) (Wham/A burlmbeengrwuadanmmp?onpermum DWPD). Re?cm Aqua. Parole' (1)Alim?omtheahovegmupwhom asam?tofthe WOMJhouldhenfmedWdenmmd elm-ymtilmhlimeasanamnptionto Exam?: canbeobminei'l'his Funlm Rm alien: ineligible who their application for admmion: (I) ofthe NA. (2) within 'urisdiction. if lease PROPERTY OF CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000012 yx' Ut?- L?0-v? -bwl 5From: MCALEENAN, KEVIN Sent: Saturday, January 28, 2017 12:22:59 AM To: Owen, Todd (AC Cc: ALLES, RANDOLPH D, (6). Subject: Delegation of Case --by -Case Waiver Authority per Executive Order on Protection the Nation From Foreign Terrorist Entry Into the United States Acting Deputy Commissioner/EAC. Subject to my oversight, direction and guidance. i hereby delegate to the Deputy CommiSSIoner, Executive Assistant Commissioner. Deputy ExeCLitIve Assistant Commissioner, Executive Director Admissibility and Passenger Programs, Executive Director Operations, Executive Director National Targeting Center, Executive Director. National Targeting Center-Passenger, Directors, Field Operations, Port Director, John F. Kennedy Airport, and Port Director, Los Angeles International Airport, Office of Field Operations, U.S. Customs and Border Protection, the authority, on a case-by-case basis, and when in the national interest, and only with respect to Lawful Permanent ReSIdents of the United States, to issue a visa or other immigration benefits to nationals of countries for which Visas and benefits are otherwise blocked under Section 3 of the President's Executive Order entitled. "Protecting the Nation from Foreign Terrorist Entry Into the United States," (January 27, 2017) Prior to taking any such action, the Lawful Permanent Resident who is the subject of the action must be subjected to a thorough examination by an immigration officer This authority may not be further delegated. KM a Kevin K. - Acting Customs and Border Protection are [ht' glam/mm it! our are .imurrt'u [rum/Inc lug/funn- - . I'm? .f'if PROPERTY OF U.S. CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000013 From: HOFFMAN, TODD A Sent: Saturday, January 28,2017 1:07 AM To: DIRECTORS FIELD EXECUTIVE DIRECTORS HQ BORDER SECURITY ASST DIRECTORS cc: Owen, Todd (Ac HUTTON, JAMES (6), (6), (6), @er (6), (6). (6), (me) weepousoow Subject: Guidance on Executive Order "Protecting the Nation from Foreign Terrorist Entry into the United States Importance: High Directors. apologize for the delay. Please be advised that you have unilateral authority to approve exemptions to the ixecutive Order for LPRs. no State Department approval required. The exemption process for other categories Ofaliens as outlined in the policy guidance currently requires the approval of the acting Commissioner. further guidance for these exemptions is ibrtheoming. Memorandum For: Directors. field Operations From: Todd A. Hoffman Executive Director Admissibility and Passenger Programs Office of Field Operations Subject: Guidance on lixeeutivc ()rder "Protecting the Nation from Foreign Terrorist lintry into the L'nited States" Effective immediately. and pursuant to l?xecutite ()rder entitled. "Praia-ling the ?I'crmris! Entry into the (Suited Slates" (January 27. 2017). all entry into the United States for aliens who are nationals from Iran. Iraq. Libya. Somalia. Sudan. Syria and Yemen is hereby suspended in accordance with Section 212(1) ofthc This includes all non-immigrant classi?cations. with the exception ofthose foreign nationals traveling on diplomatic visas. visas. visas for travel to the l_'nitcd Nations. (31. (3-3. 1nd (3-4 visas. This also includes all immigrant classes of admission. returning resident aliens refugees and asvlees The Department to State has provided CBP with a letter provisionally revoking all immigrant and non- immimt visas for nationals of Iran, Iran, Libya, Somalia, Sudan. and Yemen. Revocations may not yet be A- \annotaaed in the system. (v Wherever ssible will coordinate the denial of boardin thro locations, and Should aliens, subject to the Executive Order, arrive at the port of entry, CBP omcers are instructed to take the following actions: Applicants bearing Non-Immigrant Visas and First Time Arrivin Immi ants: system, according to current policy/ . (2) Subjects will be allowed to withdraw their application for admission on Form 1-275, without a sworn statement. All other procedures pertaining to the processing of Form 1-275 withdrawal cases apply. (3) Should the alien decline to withdraw their application for admission. the alien will be placed in Expedited Removal in accordance with standard operating procedures. (4) Aliens claiming fear of return will be referred to an asylum of?cer, and processed for Expedited Removal/Credible Fear CERF). Aliens processed under ERP procedures will be referred to BRO for detention. Field Of?ces should clearly indicate to both as and ERO that aliens are subject to Executive Order during the referral process. Returning Residents. (I) Lawful Permanent Residents should be referred forWand held at the port of entry until an exemption to the Executive Order is gran . au onty to grant an exemption has been delegated to the Commissioner of CBP, and further delegated to Directors of Field Operations and SES Port Directors. Once an exemption has been granted results of ?should be notated in entr 'th the following language: Individual is subject to Pres ecutrve Order and barred ?orn entry pursuant to 2120) of the INA but has been granted an exemption per (insert PD). Re?rgees. Asylees, Unaccompanied Children. and subjects returning to the US with Advanced Parole: (1) Aliens ?om the above ?om entry solely as a result of the Executive Order, should be referred for held at the port of entry until such time as an exemption to the Executive Order can be obtained. This exemption falls to the Secretary of State and Secretary of Homeland Security. Further guidance will be forthcoming on processing these exemptions. Individuals who fall within any of the above may not be paroled, which includes port parole and deferred inspection. To the extent there is an emergent medical issue related to an alien who falls within the Executive Order, CBP of?cers must accompany the alien for any medical care. Returning aliens ineligible who withdraw their application for admission: (1) Aliens arriving via air or sea: Commercial carriers are required to remove foreign aliens found ineligible for entry under this order pursuant to 24l(c)(l) ofthe INA. (2) Aliens arriving via land will be returned per current established procedures with the contiguous country. . lease ensure that this memorandum and attached muster are disseminated to all ports ofen within our . Jurisdiction. Ifyou have any questions or require additional information, please contact? V-A) Director, Enforcement Programs Division, at PROPERTY OF s. cusrowls AND BORDER PROTECTION E0 FOIA CBP 0000000015 A ?wad A. ,xecutive Director, Admissibility and Passenger Programs Gmce of Field Operations U.S. Customs and Border Prote?tion PROPERTY OF us. CUSTOMS AND BORDER PROTECTION E0 FOIA CBP 0000000016 MW L'nited States Department of State )cpult' Sec-rerun for Visa Scrt'l't'w 3053? January 27, 20l 7 Upon request ofthc US. Department of Homeland Security and pursuant to sections 212?) and 221(i) ofthe Immigration and Nationality Act and 22 CFR 4 . 22 and 42.82, and in implementation of section 3(c) ofthe Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals, I hereby provisionally revoke all valid nonimmigrant and immigrant visas of nationals of Iraq, Iran, Libya, Somalia. Sudan, Syria, and Yemen. subject to the exceptions discussed below. The revocation does not apply to visas in the following nonimmigrant classifications: A- . A-2, G- (3-2, 6-3, 0-4. NATO, -2. or certain diplomatic visas. The revocation also does not apply to any visa exempted on the basis ofa dctemlination made by the Secretaries of State and Homeland Security pursuant to section 3(g) of the Executive Order on a case-by-case basis, and when in the national interest. This document is not intended to. and does not, create any right or bene?t, substantive or procedural. enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its of?cers, employees. or agents. or any other person. Edward J. Ramotowski Deputy Assistant Secretary Bureau of Consular Alfairs Department of State PROPERTY OF US. CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000017 en: 4 eve. A: 1.9- 9 I: Itee.e_ 9A.. an. Us From: MCALEENAN, KEVIN Sent: Saturday, January 28, 2017 8:13 PM To: OWEN, TODD (6) WAGNER, JOHN WAGNER, JOHN (6), OCC Cc: ALLES, RANDOLPH MCALEENAN, KEVIN Subject: Direction from DHS Team, I just spoke with DHS and have some feedback from PC call. 0 DHS would like this? If so, please confirm when complete. 0 UN is expressing concerns that we are denying 6-45. Can we look into this and 0 State has signed a waiver for all 872 refugees in bound this week. 0 DHS and State counsel are discussing (5) I expressed our preference for (5) (5) KM Kevin K. McAleenan Thy?. "Ur' Acting a" US. Customs and Border Protection b) dhsuov b) (6 i A A - are I/lc? guardians of our Nation ?x hurt/cry. 'u uru .lmuriw Ir?'rmllinc. l'igi/clnt't' Vt'rrig't? lnrt'u'iri PROPERTY OF US CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000018 DOS-CBP Agreed Guidance for Executive Order 1) Dual nationals with a valid immigrant or nonimmigrant visa in a passport issued by any country not restricted under the Executive Order will be permitted to apply for admission to the United States. 2) Posts are allowed to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible Visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from a restricted country. 3) Landed immigrants of Canada (not including refugees) who hold passports of a restricted country can apply for admission to the United States, if the individual presents that passport with a valid immigrant or nonimmigrant visa, proof of their landed immigrant status, and only if the travel both originates in Canada and is through a land border or a pre-clearance location. 4) Landed immigrants of Canada (not including refugees) who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States, if the individual presents that passport, and proof of landed immigrant status, to a consular of?cer. These applications shall be made at a US. consular section in Canada 5) The entry of Iraqi nationals with a valid Special Immigrant Visa to the United States is deemed to be in the national interest can apply for admission to the United States. Accordingly, absent the receipt of signi?cant derogatory information indicating a serious threat to public safety and welfare, possession of a Special Immigrant Visa will be a dispositive factor in case-by-case determinations. Iraqi nationals can also apply to a consular of?cer for Special Immigrant Visas, and, if otherwise quali?ed, can be issued a Special Immigrant Visa. 6) As stated by Secretary Kelly, the entry of US. lawful permanent residents is deemed to be in the national interest. Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in case-by-case determinations. EO FOIA CBP 0000000019 I 7) In adjudicating both admission to the United States and issuance of Visas, both DHS and DOS will continue to apply all appropriate security vetting procedures. EO FOIA CBP 0000000020 A. From: HUTTON, JAMES Sent: Saturday, January 28. 2017 9:34 PM To: HOFFMAN, TODD DIRECTORS FIELD OPS: EXECUTIVE DIRECTORS BORDER SECURITY ASST DIRECTORS Cc: Owen. Todd (AC WAGNER. JOHN (6), (OCC): (6), (OCC) Subject: UPDATED Guidance on Executive Order ?Protecting the Nation from Foreign Terrorist Entry into the United States RE: E0 212(0 Exemption Request to RE: Waiver Request for 212(1) in r_ awer or Importance: High As a follow up from guidance sent last night. In addition to waivers for LPRs, the Secretary of Homeland Security has delegated waiver authority to the Commissioner of for only the following categories of individuals subject to the E0: 0 Returning Refugees (to include any i? time refugees encountered); Returning Asyleec; Individuals in possession of a valid [-512 issued by UAC 'l mu ofoliowthe a. format - (6), chp.dhs.gov (6), @cbp.dhs.gov (6), @cbp.dhs.gov EAC Owen DEAC Wagner XD Hoffman (6), DXD Hutton 0 CPD Field Liaison I have also attached some samples that were submitted for approval today. Sample Subject Line: ?0 212(9) Exemption for LAST NAME, First name Waiver Narrative PROPERTY OF L) CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000021 FOR OFFICIAL USE ONLY I LAW ENFORCEMENT SENSITIVE RECORDS MAY ALSO CONTAIN ATTORNEY-CLIENT. DELIBERATIVE Speci?c bullets regarding the speci?c individual(s), for example: (5) (5) (5) 2 PROPERTY OF CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000022 A Ryan Hutton Deputy Director .~\dntissibilit} :Ind Passenger Programs Rm;- (6). Item?. From: HOFFMAN, TODD A Sent: Saturday, January 28,2017 1:07 AM To: DIRECTORS FIELD EXECUTIVE DIRECTORS HQ BORDER SECURITY ASST DIRECTORS @_bp.ans.gov> Cc: Owen, Todd (AC cow; (6), HUTTON, JAMES (6), (6), (6), Subject: GUIdance on Executive Order "Protecting the Nation from Foreign Terrorist Entry Into the United States Importance: High Directors. I apologize for the Please be advised you hm uutltorit} to ;Ippro\c exemptiom to the lzxeeutixc Order for no State Department Ieduircd. l'he exemption process Ior other categories ot'uliens as outlined in the policy guidance eurrentl} requires the approval of the :Ietin-__I Commissioner. l?urther guidance for these exemptions is Memorandum l-or: Directors. Field ()perutions From: l'odd llol?l'mun lixecutixe DirectoI Admissibility :md Passenger .,Pv1tFOIA CBP 0000000023 MCALEENAN, KEVIN Saturday, January 28, 2017 10:28 PM OWEN, TODD (6), . CBP.DHS.GOV ALLES, RANDOLPH FW: Federal C0urt Stay Being Ordered PROPERTY OF S. CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000024 From: Owen, Todd (AC OFO) Sent: Saturday, January 28, 2017 10:34 PM To: DIRECTORS FIELD Subject: Federal Court Stay - Hold all departures. Need con?rmation Importance: High DFOS, Based on this evening's federal court stay, we are to suspend all departures of those found inadmissible under the Executive Order, including those who wished to voluntarily depart. We should freeze all departures but continue to detain the individuals in the airports while we await further legal guidance. All pre-departure actions will remain underway. Need confirmation from each DFO. Todd C. Owen Executive Assistant Commissioner Office of Field Operations U.S. Customs Border Protection PROPERTY OF US. CUSTOMS AND BORDER PROTECTION EO FOIA CBP 0000000028