Presidential Document2024-22942
Amending Proclamation 10773
Primary source
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Published
October 2, 2024
Signed
September 27, 2024
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 89 Issue 191 (Wednesday, October 2, 2024)</title>
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[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Presidential Documents]
[Pages 80351-80353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22942]
Presidential Documents
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 /
Presidential Documents
[[Page 80351]]
Proclamation 10817 of September 27, 2024
Amending Proclamation 10773
By the President of the United States of America
A Proclamation
On June 3, 2024, I signed Proclamation 10773 (Securing
the Border). That proclamation suspended and limited
the entry of certain noncitizens into the United States
across the southern border during times of high border
crossings, and directed the Secretary of Homeland
Security and the Attorney General to promptly consider
issuing any instructions, orders, or regulations as
might be necessary to address the circumstances at the
southern border, including any additional limitations
and conditions on asylum eligibility that they
determined were warranted. Following that direction,
the Secretary of Homeland Security and the Attorney
General issued an interim final rule (IFR) that
established a limitation on asylum eligibility for
certain noncitizens who enter the United States across
the southern border during times when Proclamation
10773 and the IFR are designed to be in effect, and
revised certain procedures applicable to the expedited
removal process to more swiftly apply consequences for
irregular migration during those times for noncitizens
who do not establish a lawful basis to remain.
Those actions have already produced significant
results. Since Proclamation 10773 and the IFR went into
effect, and as of the end of the last calendar month,
the average number of encounters by the United States
Border Patrol at our southwest border between ports of
entry has decreased by 59 percent compared to the
period after the Circumvention of Lawful Pathways rule
began to apply on May 12, 2023, and before Proclamation
10773 and the IFR went into effect. July and August
2024 were the lowest 2 months of encounters between
ports of entry since September 2020. While Proclamation
10773 and the IFR have been in effect, and for
individuals encountered between southern border ports
of entry as of the end of the last calendar month, the
Department of Homeland Security has removed or returned
70 percent of single adults and family members,
including more than 119,000 individuals to more than
140 countries; has more than tripled the percentage of
noncitizens processed through expedited removal; and
has decreased the percentage of noncitizens encountered
at the southwest border who are released by United
States Border Patrol pending their removal proceedings
by 52 percent.
Following the issuance of the IFR, the Department of
Homeland Security and the Department of Justice
(Departments) received and reviewed more than 1,000
comments. Based on their review of those comments and
their experience in implementing Proclamation 10773 and
the IFR, the Departments have identified two issues
related to the thresholds for determining when to apply
the suspension and limitation on entry in Proclamation
10773 and the measures described in the IFR.
First, having closely monitored the 7-consecutive-
calendar-day average of encounters following the
issuance of Proclamation 10773 and the IFR, the
Departments have assessed that the current threshold
for discontinuing the suspension and limitation on
entry in Proclamation 10773 and the measures described
in the IFR could be reached following a short-term
decrease in the number of encounters at the southern
border that does not reflect a sustained decrease in
the number of such encounters or an end to the
[[Page 80352]]
border circumstances in which Proclamation 10773 and
the IFR are designed to apply. The Departments are
currently considering regulatory action to address this
issue as it relates to the measures described in the
IFR. With respect to Proclamation 10773, to ensure that
the threshold to discontinue the suspension and
limitation on entry reflects a sustained decrease in
encounters, I have now determined that the suspension
and limitation on entry in that proclamation should be
discontinued only after the Secretary of Homeland
Security has made a factual determination that there
have been 28 consecutive calendar days in which the 7-
consecutive-calendar-day average of encounters is less
than 1,500.
Second, while Proclamation 10773 and the IFR excluded
encounters of unaccompanied children from non-
contiguous countries from the calculation of
encounters, the Departments have assessed, based on
their experience implementing Proclamation 10773 and
the IFR, that this exclusion is unwarranted because
processing such noncitizens is particularly resource-
intensive for our frontline personnel at the southern
border. This experience indicates that excluding these
noncitizens from the calculation yields inaccurate
estimates of system capacity. Again, the Departments
are currently considering regulatory action to address
this issue as it relates to the measures described in
the IFR. I have now concluded that in order to better
achieve Proclamation 10773's goal of enhancing our
ability to address historic levels of migration and
more efficiently process migrants arriving at the
southern border, that proclamation should include
unaccompanied children from both non-contiguous and
contiguous countries in the calculation of encounters.
Consistent with section 3(b)(iii) of Proclamation
10773, any unaccompanied children will remain excepted
from the suspension and limitation on entry pursuant to
section 1 of Proclamation 10773.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States, by the authority vested in me by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(f) and
1185(a)) and section 301 of title 3, United States
Code, hereby find that, absent the measures set forth
in Proclamation 10773, as amended by this proclamation,
the entry into the United States of persons described
in section 1 of Proclamation 10773 under circumstances
described in section 2 of Proclamation 10773, as
amended by this proclamation, would be detrimental to
the interests of the United States, and that the entry
of such persons should be subject to certain
restrictions, limitations, and exceptions. I therefore
hereby proclaim the following:
Section 1. Amendment to Section 2(a) of Proclamation
10773. Section 2(a) of Proclamation 10773 is amended to
read as follows:
``The Secretary of Homeland Security shall monitor
the number of daily encounters and, subject to
subsection (b) of this section, the suspension and
limitation on entry pursuant to section 1 of this
proclamation shall be discontinued at 12:01 a.m.
eastern time on the date that is 14 calendar days after
the Secretary makes a factual determination that there
have been 28 consecutive calendar days of a 7-
consecutive-calendar-day average of less than 1,500
encounters, not including encounters described in
subsection 4(a)(iii) of this proclamation.''
Sec. 2. Revocation of Section 2(c) of Proclamation
10773. Section 2(c) of Proclamation 10773 is revoked.
Sec. 3. Severability. It is the policy of the United
States to enforce this proclamation to the maximum
extent possible to advance the interests of the United
States. Accordingly, if any provision of this
proclamation, or the application of any provision to
any person or circumstance, is held to be invalid, the
remainder of this proclamation and the application of
its provisions to any other persons or circumstances
shall not be affected thereby.
Sec. 4. Effectiveness. The amendments described in
sections 1 and 2 of this proclamation shall be
effective if and when there is in effect a final
[[Page 80353]]
rule promulgated by the Secretary of Homeland Security
and the Attorney General that amends the IFR entitled
Securing the Border, 89 FR 48,710 (June 7, 2024),
consistent with the amendments described in sections 1
and 2 of this proclamation. If, due to court order, the
final rule described in the prior sentence cannot be
enforced insofar as it makes changes consistent with
the amendment described in section 1 of this
proclamation, then the amendment described in section 1
of this proclamation will no longer be in effect and
section 2(a) of Proclamation 10773 shall continue to
apply by its terms. If, due to court order, the final
rule described in the first sentence of this section
cannot be enforced insofar as it makes changes
consistent with the amendment described in section 2 of
this proclamation, then the amendment described in
section 2 of this proclamation will no longer be in
effect and section 2(c) of Proclamation 10773 shall
continue to apply by its terms.
Sec. 5. General Provisions. (a) Nothing in this
proclamation 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 proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-seventh day of September, in the year of our
Lord two thousand twenty-four, and of the Independence
of the United States of America the two hundred and
forty-ninth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2024-22942
Filed 10-1-24; 11:15 am]
Billing code 3395-F4-P
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