Presidential DocumentExecutive Order 140132021-02804
Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration
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 9, 2021
Signed
February 4, 2021
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 25 (Tuesday, February 9, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Presidential Documents]
[Pages 8839-8844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-02804]
[[Page 8837]]
Vol. 86
Tuesday,
No. 25
February 9, 2021
Part II
The President
-----------------------------------------------------------------------
Executive Order 14013--Rebuilding and Enhancing Programs To Resettle
Refugees and Planning for the Impact of Climate Change on Migration
Presidential Documents
Federal Register / Vol. 86 , No. 25 / Tuesday, February 9, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 8839]]
Executive Order 14013 of February 4, 2021
Rebuilding and Enhancing Programs To Resettle
Refugees and Planning for the Impact of Climate Change
on Migration
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,
8 U.S.C. 1101 et seq., I hereby order as follows:
Section 1. Policy. The long tradition of the United
States as a leader in refugee resettlement provides a
beacon of hope for persecuted people around the world,
promotes stability in regions experiencing conflict,
and facilitates international collaboration to address
the global refugee crisis. Through the United States
Refugee Admissions Program (USRAP), the Federal
Government, cooperating with private partners and
American citizens in communities across the country,
demonstrates the generosity and core values of our
Nation, while benefitting from the many contributions
that refugees make to our country. Accordingly, it
shall be the policy of my Administration that:
(a) USRAP and other humanitarian programs shall be
administered in a manner that furthers our values as a
Nation and is consistent with our domestic law,
international obligations, and the humanitarian
purposes expressed by the Congress in enacting the
Refugee Act of 1980, Public Law 96-212.
(b) USRAP should be rebuilt and expanded,
commensurate with global need and the purposes
described above.
(c) Delays in administering USRAP and other
humanitarian programs are counter to our national
interests, can raise grave humanitarian concerns, and
should be minimized.
(d) Security vetting for USRAP applicants and
applicants for other humanitarian programs should be
improved to be more efficient, meaningful, and fair,
and should be complemented by sound methods of fraud
detection to ensure program integrity and protect
national security.
(e) Although access to United States humanitarian
programs is generally discretionary, the individuals
applying for immigration benefits under these programs
must be treated with dignity and respect, without
improper discrimination on the basis of race, religion,
national origin, or other grounds, and should be
afforded procedural safeguards.
(f) United States humanitarian programs should be
administered in a manner that ensures transparency and
accountability and reflects the principle that
reunifying families is in the national interest.
(g) My Administration shall seek opportunities to
enhance access to the refugee program for people who
are more vulnerable to persecution, including women,
children, and other individuals who are at risk of
persecution related to their gender, gender expression,
or sexual orientation.
(h) Executive departments and agencies (agencies)
should explore the use of all available authorities for
humanitarian protection to assist individuals for whom
USRAP is unavailable.
(i) To meet the challenges of restoring and
expanding USRAP, the United States must innovate,
including by effectively employing technology and
capitalizing on community and private sponsorship of
refugees, while continuing to partner with resettlement
agencies for reception and placement.
[[Page 8840]]
(j) The Special Immigrant Visa (SIV) programs for
Iraqi and Afghan allies provide humanitarian protection
to nationals of Iraq and Afghanistan experiencing an
ongoing, serious threat because they provided faithful
and valuable service to the United States, including
its troops serving in those countries. The Federal
Government should ensure that these important programs
are administered without undue delay.
Sec. 2. Revocation, Rescission, and Reporting. (a)
Executive Order 13815 of October 24, 2017 (Resuming the
United States Refugee Admissions Program With Enhanced
Vetting Capabilities), and Executive Order 13888 of
September 26, 2019 (Enhancing State and Local
Involvement in Refugee Resettlement), are revoked.
(b) The Presidential Memorandum of March 6, 2017
(Implementing Immediate Heightened Screening and
Vetting of Applications for Visas and Other Immigration
Benefits, Ensuring Enforcement of All Laws for Entry
Into the United States, and Increasing Transparency
Among Departments and Agencies of the Federal
Government and for the American People), is revoked.
(c) Within 90 days of the date of this order, the
Secretary of State and the Secretary of Homeland
Security shall provide a report to the President,
through the Assistant to the President for National
Security Affairs (APNSA), describing all agency
actions, including memoranda or guidance documents,
that were taken or issued in reliance on or in
furtherance of the directives revoked by subsections
(a) and (b) of this section. This report shall include
recommendations regarding whether each action should be
maintained, reversed, or modified, consistent with
applicable law and as appropriate for the fair,
efficient, and secure administration of the relevant
humanitarian program or otherwise in the national
interest.
Sec. 3. Special Immigrant Visas for Iraqi and Afghan
Allies. (a) Within 180 days of the date of this order,
the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Homeland
Security, shall complete a review of the Iraqi and
Afghan SIV programs and submit a report to the
President with recommendations to address any concerns
identified. The report shall include:
(i) an assessment of agency compliance with existing law governing the SIV
programs, including program eligibility requirements and procedures for
administrative review;
(ii) an assessment of whether there are undue delays in meeting statutory
benchmarks for timely adjudication of applications, including due to
insufficient staffing levels;
(iii) a plan to provide training, guidance, and oversight with respect to
the National Visa Center's processing of SIV applications;
(iv) a plan to track the progress of the Senior Coordinators as provided
under section 1245 of the Refugee Crisis in Iraq Act of 2007 (RCIA),
subtitle C of title XII of Public Law 110-181, and section
602(b)(2)(D)(ii)(II) of the Afghan Allies Protection Act of 2009 (AAPA),
title VI of division F of Public Law 111-8, as amended; and
(v) an assessment of whether adequate guidelines exist for reconsidering or
reopening applications in appropriate circumstances and consistent with
applicable law.
(b) The Secretary of State, in consultation with
the Secretary of Defense, shall also direct a review of
the procedures for Chief of Mission approval of
applications with the aim of, as appropriate and
consistent with applicable law:
(i) ensuring existing procedures and guidance are sufficient to permit
prospective applicants a fair opportunity to apply and demonstrate
eligibility;
(ii) issuing guidance that would address situations where an applicant's
employer is unable or unwilling to provide verification of the applicant's
``faithful and valuable service,'' and provide for alternative forms of
verification;
[[Page 8841]]
(iii) revising requirements to facilitate the ability of applicants to
demonstrate the existence of a qualifying contract with the United States
Government and require that the supervisor verifying the applicant's
``faithful and valuable service'' be a United States citizen or national;
(iv) ensuring that applicants are not prejudiced by delays in verifying
their employment; and
(v) implementing anti-fraud measures to ensure program integrity.
(c) Within 180 days of the date of this order, the
Secretary of State shall submit to the President the
results of the review described in subsection (b) of
this section.
(d) Within 180 days of the date of this order, the
Secretary of State, in consultation with the Secretary
of Defense and the Secretary of Homeland Security,
shall conduct a review and submit a report to the
President identifying whether additional populations
not currently provided for under section 1059 of the
National Defense Authorization Act for Fiscal Year
2006, Public Law 109-163, section 1244 of the RCIA, or
section 602 of the AAPA are at risk as a result of
their faithful and valuable service to the United
States Government. The review should also evaluate
whether it would be appropriate to seek legislation
that would create a SIV program for individuals,
regardless of nationality, who faithfully assisted the
United States Government in conflict areas for at least
1 year or made exceptional contributions in a shorter
period and have experienced or are experiencing an
ongoing serious threat as a result of their service.
(e) Within 180 days of the date of this order, the
Secretary of State and the Secretary of Homeland
Security shall ensure that appropriate policies and
procedures related to the SIV programs are publicly
available on their respective agency's websites, and
that any revisions to such policies and procedures in
the future are made publicly available on those
websites within 30 days of issuance.
Sec. 4. Steps to Improve the Efficacy, Integrity,
Security, and Transparency of USRAP. (a) Consistent
with the policy set forth in section 1 of this order
and to facilitate this order's effective and
expeditious implementation:
(i) The APNSA shall designate a National Security Council Senior Director
to be responsible for coordinating the agencies and vetting partners
involved in USRAP.
(ii) The Secretary of State shall designate a senior-level employee to have
primary responsibility for overseeing refugee application processing,
consistent with applicable law.
(iii) The Secretary of Homeland Security shall designate a senior-level
employee to have primary responsibility for coordinating the review and any
revision of policies and procedures regarding the vetting and adjudication
of USRAP refugee applicants, including follow-to-join refugee applicants
and post-decisional processing, consistent with applicable law.
(iv) The Director of the Office of Management and Budget shall assign a
team of technology, process, and data experts from the United States
Digital Service to assist agencies in streamlining application processing,
improving the automation and effectiveness of security vetting and fraud
detection, and strengthening data-driven decision-making.
(b) Within 30 days of the date of this order, the
Secretary of State and the Secretary of Homeland
Security shall provide the President a report on the
fraud detection measures in place for USRAP. The report
shall also include a plan to enhance fraud detection
within components at both agencies and recommendations
for the development of new anti-fraud programs, as
appropriate and consistent with applicable law.
(c) The Secretary of Homeland Security, in
consultation with the Secretary of State, shall
promptly consider taking all appropriate actions,
consistent with applicable law, to expand refugee
vetting and adjudication capacity, including by:
[[Page 8842]]
(i) developing more efficient processes to capture and share refugee
applicant biometric data; and
(ii) permitting the use of video and audio teleconferencing to conduct
refugee interviews and establishing the necessary infrastructure to do so.
(d) To increase refugee adjudication capacity, the
Office of Personnel Management shall, consistent with
applicable law, support the use of all hiring
authorities, including expanded use of direct hiring
authority, for positions associated with the
adjudication of refugee applications.
(e) Within 30 days of the date of this order, the
heads of all agencies involved in the Security Advisory
Opinion process and other inter-agency vetting
processes for refugee applicants, including follow-to-
join refugee applicants, shall submit data to the
National Vetting Governance Board on the number of
staff performing refugee security vetting, the
thresholds for checks, and the rates at which checks
have returned an objection. Such data shall be
disaggregated by age range, gender, and nationality of
the refugee applicant. The National Vetting Governance
Board shall meet to consider if and how agency
processes and staffing levels should change to improve
security reviews and make refugee arrivals more
efficient, and shall share any conclusions and
recommendations with the heads of relevant agencies,
including the Director of the Office of Management and
Budget, in order to inform potential resourcing
strategies where necessary.
(f) Within 60 days of the date of this order,
agencies responsible for the Security Advisory Opinion
process shall meet to consider proposals from member
agencies to adjust the list of countries and other
criteria that require a Security Advisory Opinion for a
refugee case.
(g) The Secretary of Homeland Security, in
consultation with the Secretary of State, shall
consider whether to promulgate regulations and any
other policies, including internal oversight
mechanisms, to ensure the quality, integrity,
efficiency, and fairness of the adjudication process
for USRAP applicants, while also taking due account of
the challenges facing refugee applicants. The Secretary
of Homeland Security, in consultation with the
Secretary of State, should consider adopting
regulations or policies, as appropriate and consistent
with applicable law, that:
(i) develop mechanisms to synthesize reliable, detailed, and current
country conditions that may be relied upon, where appropriate, to make
specific factual and legal determinations necessary for the adjudication of
refugee applications from individuals or from individuals within a
designated group of applicants;
(ii) ensure that refugee applicants have timely access to their own
application records;
(iii) permit refugee applicants to have a representative at their interview
at no cost to the United States Government; and
(iv) ensure, when refugee applications are denied for non-security or non-
fraud-based reasons, an applicant is given a short explanation describing
the basis for the denial, so that the applicant has a meaningful
opportunity to present additional evidence and to request a review of the
decision.
(h) The Secretary of State and the Secretary of
Homeland Security shall provide the President, through
the APNSA, a report describing any action taken
pursuant to subsection (g) of this section within 180
days of the date such action is taken.
(i) The Secretary of Homeland Security shall ensure
that adjudicators are trained in the standards
governing refugee claims of women, children, and other
individuals who are more vulnerable to persecution due
to their age, gender, gender expression, or sexual
orientation.
(j) The Secretary of State and the Secretary of
Homeland Security shall consider taking actions, as
appropriate and consistent with applicable law, to
recognize as ``spouses'' for purposes of derivative
status through USRAP individuals who are in committed
life partnerships but who are unable
[[Page 8843]]
to marry or to register their marriage due to
restrictions in the law or practices of their country
of origin, including for individuals in same-sex,
interfaith, or camp-based marriages. The Secretary of
State and the Secretary of Homeland Security shall
provide the President a report, through the APNSA,
describing any action taken pursuant to this subsection
within 180 days of the date such action is taken.
(k) Within 120 days of the date of this order, the
Secretary of State and the Secretary of Health and
Human Services shall, as appropriate and consistent
with applicable law, deliver a plan to the President,
through the APNSA, to enhance the capacity of USRAP to
welcome refugees by expanding the use of community
sponsorship and co-sponsorship models by refugee
resettlement agencies, and by entering into new public-
private partnerships.
(l) The Secretary of State, in consultation with
the Secretary of Homeland Security, shall consider ways
to expand mechanisms under which non-governmental
organizations with direct access to and knowledge of
refugees abroad in camps or other settings could
identify and directly refer to USRAP particularly
vulnerable individuals who have a strong possibility of
qualifying for admission to the United States as
refugees.
(m) Within 180 days of the date of this order, the
Secretary of State and the Secretary of Homeland
Security shall take all appropriate steps, taking into
account necessary safeguards for program integrity, to
ensure that the current policies and procedures related
to USRAP are publicly available on their respective
websites, and that any new or revised policies and
procedures are made publicly available on their
websites within 30 days of their adoption.
(n) Within 180 days of the date of this order, the
Secretary of State, in consultation with the Secretary
of Homeland Security, and as appropriate and consistent
with applicable law, shall develop options for
improving USRAP applicants' ability to access relevant
material from their case files on an expedited basis to
inform timely appeals from adverse decisions.
Sec. 5. Improving Performance. (a) The Secretary of
State, in consultation with the Attorney General and
the Secretary of Homeland Security, shall develop and
ensure adherence to a plan that addresses USRAP
processing backlogs. In developing this plan, the
Secretary of Homeland Security, in consultation with
the Secretary of State, the Attorney General, and the
Director of National Intelligence, and in collaboration
with the National Vetting Governance Board and United
States Digital Service, shall conduct a review of
refugee security vetting processes and develop
recommendations to increase their efficiency, fairness,
and effectiveness, consistent with the humanitarian
goals of USRAP and the national security and foreign
policy interests of the United States.
(b) The plan and review described in subsection (a)
of this section shall also:
(i) examine whether existing vetting processes, including the Security
Advisory Opinion process, can be improved to increase efficiency and
provide more effective security reviews; and
(ii) seek to bring national average processing times within the period
described in 8 U.S.C. 1571(b).
(c) Within 120 days of the date of this order, the
Secretary of State, in consultation with the Attorney
General, the Secretary of Homeland Security, and the
Director of National Intelligence, shall submit to the
President the plan described in subsection (a) of this
section, including the Secretary's recommendations for
process improvements.
Sec. 6. Climate Change and Migration. Within 180 days
of the date of this order, the APNSA, in consultation
with the Secretary of State, the Secretary of Defense,
the Secretary of Homeland Security, the Administrator
of the United States Agency for International
Development, and the Director of National Intelligence,
shall prepare and submit to the President a report
[[Page 8844]]
on climate change and its impact on migration,
including forced migration, internal displacement, and
planned relocation. This report shall include, at a
minimum, discussion of the international security
implications of climate-related migration; options for
protection and resettlement of individuals displaced
directly or indirectly from climate change; mechanisms
for identifying such individuals, including through
referrals; proposals for how these findings should
affect use of United States foreign assistance to
mitigate the negative impacts of climate change; and
opportunities to work collaboratively with other
countries, international organizations and bodies, non-
governmental organizations, and localities to respond
to migration resulting directly or indirectly from
climate change. The APNSA shall work with appropriate
agencies to ensure that the report, or a summary
thereof, is made publicly available.
Sec. 7. 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 4, 2021.
[FR Doc. 2021-02804
Filed 2-8-21; 11:15 am]
Billing code 3295-F1-P
</pre></body>
</html>Indexed from Federal Register on February 9, 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.