Presidential DocumentExecutive Order 140102021-02561
Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 5, 2021
Signed
February 2, 2021
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 23 (Friday, February 5, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Presidential Documents]
[Pages 8267-8271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-02561]
Presidential Documents
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 8267]]
Executive Order 14010 of February 2, 2021
Creating a Comprehensive Regional Framework To
Address the Causes of Migration, To Manage Migration
Throughout North and Central America, and To Provide
Safe and Orderly Processing of Asylum Seekers at the
United States Border
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Immigration and Nationality Act
(INA), 8 U.S.C. 1101 et seq., it is hereby ordered as
follows:
Section 1. Policy. For generations, immigrants have
come to the United States with little more than the
clothes on their backs, hope in their hearts, and a
desire to claim their own piece of the American Dream.
These mothers, fathers, sons, and daughters have made
our Nation better and stronger.
The United States is also a country with borders and
with laws that must be enforced. Securing our borders
does not require us to ignore the humanity of those who
seek to cross them. The opposite is true. We cannot
solve the humanitarian crisis at our border without
addressing the violence, instability, and lack of
opportunity that compel so many people to flee their
homes. Nor is the United States safer when resources
that should be invested in policies targeting actual
threats, such as drug cartels and human traffickers,
are squandered on efforts to stymie legitimate asylum
seekers.
Consistent with these principles, my Administration
will implement a multi-pronged approach toward managing
migration throughout North and Central America that
reflects the Nation's highest values. We will work
closely with civil society, international
organizations, and the governments in the region to:
establish a comprehensive strategy for addressing the
causes of migration in the region; build, strengthen,
and expand Central and North American countries' asylum
systems and resettlement capacity; and increase
opportunities for vulnerable populations to apply for
protection closer to home. At the same time, the United
States will enhance lawful pathways for migration to
this country and will restore and strengthen our own
asylum system, which has been badly damaged by policies
enacted over the last 4 years that contravened our
values and caused needless human suffering.
Sec. 2. United States Strategies for Addressing the
Root Causes of Irregular Migration and for
Collaboratively Managing Migration in the Region. (a)
The Assistant to the President for National Security
Affairs (APNSA), in coordination with the Secretary of
State, the Attorney General, the Secretary of Homeland
Security, and the heads of any other relevant executive
departments and agencies, shall as soon as possible
prepare:
(i) the United States Strategy for Addressing the Root Causes of Migration
(the ``Root Causes Strategy''); and
(ii) the United States Strategy for Collaboratively Managing Migration in
the Region (the ``Collaborative Management Strategy'').
(b) The Root Causes Strategy shall identify and
prioritize actions to address the underlying factors
leading to migration in the region and ensure coherence
of United States Government positions. The Root Causes
Strategy shall take into account, as appropriate, the
views of bilateral, multilateral, and private sector
partners, as well as civil society, and it shall
include proposals to:
[[Page 8268]]
(i) coordinate place-based efforts in El Salvador, Guatemala, and Honduras
(the ``Northern Triangle'') to address the root causes of migration,
including by:
(A) combating corruption, strengthening democratic governance, and
advancing the rule of law;
(B) promoting respect for human rights, labor rights, and a free press;
(C) countering and preventing violence, extortion, and other crimes
perpetrated by criminal gangs, trafficking networks, and other organized
criminal organizations;
(D) combating sexual, gender-based, and domestic violence; and
(E) addressing economic insecurity and inequality;
(ii) consult and collaborate with the Office of the United States Trade
Representative, the Secretary of Commerce, and the Secretary of Labor to
evaluate compliance with the Dominican Republic-Central America Free Trade
Agreement to ensure that unfair labor practices do not disadvantage
competition; and
(iii) encourage the deployment of Northern Triangle domestic resources and
the development of Northern Triangle domestic capacity to replicate and
scale efforts to foster sustainable societies across the region.
(c) The Collaborative Management Strategy shall
identify and prioritize actions to strengthen
cooperative efforts to address migration flows,
including by expanding and improving upon previous
efforts to resettle throughout the region those
migrants who qualify for humanitarian protection. The
Collaborative Management Strategy should focus on
programs and infrastructure that facilitate access to
protection and other lawful immigration avenues, in
both the United States and partner countries, as close
to migrants' homes as possible. Priorities should
include support for expanding pathways through which
individuals facing difficult or dangerous conditions in
their home countries can find stability and safety in
receiving countries throughout the region, not only
through asylum and refugee resettlement, but also
through labor and other non-protection-related
programs. To support the development of the
Collaborative Management Strategy, the United States
Government shall promptly begin consultations with
civil society, the private sector, international
organizations, and governments in the region, including
the Government of Mexico. These consultations should
address:
(i) the continued development of asylum systems and resettlement capacities
of receiving countries in the region, including through the provision of
funding, training, and other support;
(ii) the development of internal relocation and integration programs for
internally displaced persons, as well as return and reintegration programs
for returnees in relevant countries of the region; and
(iii) humanitarian assistance, including through expansion of shelter
networks, to address the immediate needs of individuals who have fled their
homes to seek protection elsewhere in the region.
Sec. 3. Expansion of Lawful Pathways for Protection and
Opportunity in the United States. (a) The Secretary of
State and the Secretary of Homeland Security shall
promptly review mechanisms for better identifying and
processing individuals from the Northern Triangle who
are eligible for refugee resettlement to the United
States. Consideration shall be given to increasing
access and processing efficiency. As part of this
review, the Secretary of State and the Secretary of
Homeland Security shall also identify and implement all
legally available and appropriate forms of relief to
complement the protection afforded through the United
States Refugee Admissions Program. The Secretary of
State and Secretary of Homeland Security shall submit a
report to the President with the results of the review.
(b) As part of the review conducted pursuant to
section 3(a) of this order, the Secretary of Homeland
Security shall:
[[Page 8269]]
(i) consider taking all appropriate actions to reverse the 2017 decision
rescinding the Central American Minors (CAM) parole policy and terminating
the CAM Parole Program, see ``Termination of the Central American Minors
Parole Program,'' 82 FR 38,926 (August 16, 2017), and consider initiating
appropriate actions to reinstitute and improve upon the CAM Parole Program;
and
(ii) consider promoting family unity by exercising the Secretary's
discretionary parole authority to permit certain nationals of the Northern
Triangle who are the beneficiaries of approved family-sponsored immigrant
visa petitions to join their family members in the United States, on a
case-by-case basis.
(c) The Secretary of State and the Secretary of
Homeland Security shall promptly evaluate and implement
measures to enhance access for individuals from the
Northern Triangle to visa programs, as appropriate and
consistent with applicable law.
Sec. 4. Restoring and Enhancing Asylum Processing at
the Border. (a) Resuming the Safe and Orderly
Processing of Asylum Claims at United States Land
Borders.
(i) The Secretary of Homeland Security and the Director of the Centers for
Disease Control and Prevention (CDC), in coordination with the Secretary of
State, shall promptly begin consultation and planning with international
and non-governmental organizations to develop policies and procedures for
the safe and orderly processing of asylum claims at United States land
borders, consistent with public health and safety and capacity constraints.
(ii) The Secretary of Homeland Security, in consultation with the Attorney
General, the Secretary of Health and Human Services (HHS), and the Director
of CDC, shall promptly begin taking steps to reinstate the safe and orderly
reception and processing of arriving asylum seekers, consistent with public
health and safety and capacity constraints. Additionally, in furtherance of
this goal, as appropriate and consistent with applicable law:
(A) The Secretary of HHS and the Director of CDC, in consultation with
the Secretary of Homeland Security, shall promptly review and determine
whether termination, rescission, or modification of the following actions
is necessary and appropriate: ``Order Suspending the Right To Introduce
Certain Persons From Countries Where a Quarantinable Communicable Disease
Exists,'' 85 FR 65,806 (October 13, 2020); and ``Control of Communicable
Diseases; Foreign Quarantine: Suspension of the Right to Introduce and
Prohibition of Introduction of Persons into United States from Designated
Foreign Countries or Places for Public Health Purposes,'' 85 FR 56,424
(September 11, 2020) (codified at 42 CFR 71.40).
(B) The Secretary of Homeland Security shall promptly review and
determine whether to terminate or modify the program known as the Migrant
Protection Protocols (MPP), including by considering whether to rescind the
Memorandum of the Secretary of Homeland Security titled ``Policy Guidance
for Implementation of the Migrant Protection Protocols'' (January 25,
2019), and any implementing guidance. In coordination with the Secretary of
State, the Attorney General, and the Director of CDC, the Secretary of
Homeland Security shall promptly consider a phased strategy for the safe
and orderly entry into the United States, consistent with public health and
safety and capacity constraints, of those individuals who have been
subjected to MPP for further processing of their asylum claims.
(C) The Attorney General and the Secretary of Homeland Security shall
promptly review and determine whether to rescind the interim final rule
titled ``Aliens Subject to a Bar on Entry Under Certain Presidential
Proclamations; Procedures for Protection Claims,'' 83 FR 55,934 (November
9,
[[Page 8270]]
2018), and the final rule titled ``Asylum Eligibility and Procedural
Modifications,'' 85 FR 82,260 (December 17, 2020), as well as any agency
memoranda or guidance that were issued in reliance on those rules.
(D) The Attorney General and the Secretary of Homeland Security shall
promptly review and determine whether to rescind the interim final rule
titled ``Implementing Bilateral and Multilateral Asylum Cooperative
Agreements Under the Immigration and Nationality Act,'' 84 FR 63,994
(November 19, 2019), as well as any agency memoranda or guidance issued in
reliance on that rule. In the interim, the Secretary of State shall
promptly consider whether to notify the governments of the Northern
Triangle that, as efforts to establish a cooperative, mutually respectful
approach to managing migration across the region begin, the United States
intends to suspend and terminate the following agreements:
(1) ``Agreement Between the Government of the United States of America and
the Government of the Republic of Guatemala on Cooperation Regarding the
Examination of Protection Claims,'' 84 FR 64,095 (July 26, 2019).
(2) ``Agreement Between the Government of the United States of America and
the Government of the Republic of El Salvador for Cooperation in the
Examination of Protection Claims,'' 85 FR 83,597 (September 20, 2019).
(3) ``Agreement Between the Government of the United States of America and
the Government of the Republic of Honduras for Cooperation in the
Examination of Protection Claims,'' 85 FR 25,462 (September 25, 2019).
(E) The Secretary of Homeland Security shall promptly cease implementing
the ``Prompt Asylum Case Review'' program and the ``Humanitarian Asylum
Review Program'' and consider rescinding any orders, rules, regulations,
guidelines or policies implementing those programs.
(F) The following Presidential documents are revoked:
(1) Executive Order 13767 of January 25, 2017 (Border Security and
Immigration Enforcement Improvements).
(2) Proclamation 9880 of May 8, 2019 (Addressing Mass Migration Through the
Southern Border of the United States).
(3) Presidential Memorandum of April 29, 2019 (Additional Measures to
Enhance Border Security and Restore Integrity to Our Immigration System).
(4) Presidential Memorandum of April 6, 2018 (Ending ``Catch and Release''
at the Border of the United States and Directing Other Enhancements to
Immigration Enforcement).
(5) Presidential Memorandum of April 4, 2018 (Securing the Southern Border
of the United States).
(G) The Secretary of State, the Attorney General, and the Secretary of
Homeland Security shall promptly take steps to rescind any agency memoranda
or guidance issued in reliance on or in furtherance of any directive
revoked by section 4(a)(ii)(F) of this order.
(b) Ensuring a Timely and Fair Expedited Removal
Process.
(i) The Secretary of Homeland Security, with support from the United States
Digital Service within the Office of Management and Budget, shall promptly
begin a review of procedures for individuals placed in expedited removal
proceedings at the United States border. Within 120 days of the date of
this order, the Secretary of Homeland Security shall submit a report to the
President with the results of this review and recommendations for creating
a more efficient and orderly process that facilitates timely adjudications
and adherence to standards of fairness and due process.
(ii) The Secretary of Homeland Security shall promptly review and consider
whether to modify, revoke, or rescind the designation titled ``Designating
Aliens for Expedited Removal,'' 84 FR 35,409 (July 23, 2019), regarding the
geographic scope of expedited removal pursuant to INA section
[[Page 8271]]
235(b)(1), 8 U.S.C. 1225(b)(1), consistent with applicable law. The review
shall consider our legal and humanitarian obligations, constitutional
principles of due process and other applicable law, enforcement resources,
the public interest, and any other factors consistent with this order that
the Secretary deems appropriate. If the Secretary determines that
modifying, revoking, or rescinding the designation is appropriate, the
Secretary shall do so through publication in the Federal Register.
(c) Asylum Eligibility. The Attorney General and
the Secretary of Homeland Security shall:
(i) within 180 days of the date of this order, conduct a comprehensive
examination of current rules, regulations, precedential decisions, and
internal guidelines governing the adjudication of asylum claims and
determinations of refugee status to evaluate whether the United States
provides protection for those fleeing domestic or gang violence in a manner
consistent with international standards; and
(ii) within 270 days of the date of this order, promulgate joint
regulations, consistent with applicable law, addressing the circumstances
in which a person should be considered a member of a ``particular social
group,'' as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from
the 1951 Convention relating to the Status of Refugees and its 1967
Protocol.
Sec. 5. General Provisions. (a) Nothing in this order
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 order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
February 2, 2021.
[FR Doc. 2021-02561
Filed 2-4-21; 8:45 am]
Billing code 3295-F1-P
</pre></body>
</html>Indexed from Federal Register on February 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.