Addressing Mass Migration Through the Southern Border of the United States
| Citation | 84 FR 3665 |
| Record Number | 2019-02303 |
| Published date | 12 February 2019 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 84 Issue 29 (Tuesday, February 12, 2019)
[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Presidential Documents]
[Pages 3665-3667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02303]
[[Page 3663]]
Vol. 84
Tuesday,
No. 29
February 12, 2019
Part IVThe President-----------------------------------------------------------------------
Proclamation 9842--Addressing Mass Migration Through the Southern
Border of the United States
Presidential Documents
Federal Register / Vol. 84 , No. 29 / Tuesday, February 12, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 3665]]
Proclamation 9842 of February 7, 2019
Addressing Mass Migration Through the Southern
Border of the United States
By the President of the United States of America
A Proclamation
In Proclamation 9822 of November 9, 2018 (Addressing
Mass Migration Through the Southern Border of the
United States), I found that our immigration and asylum
system is in crisis as a consequence of the mass
migration of aliens across the border between the
United States and Mexico (southern border).
Accordingly, pursuant to sections 212(f) and 215(a) of
the Immigration and Nationality Act (INA) (8 U.S.C.
1182(f) and 1185(a), respectively), I found that the
unlawful entry of aliens through that border is
detrimental to the interests of the United States and
suspended and limited entry of such aliens. I exempted
from the scope of Proclamation 9822 any alien who
entered the United States at a port of entry and
properly presented for inspection, as well as any
lawful permanent resident of the United States.
Section 2(d) of Proclamation 9822 directed the
Secretary of State, the Attorney General, and the
Secretary of Homeland Security jointly to submit to me
a recommendation on whether an extension or renewal of
the suspension and limitation on entry in Proclamation
9822 is in the interests of the United States. Those
officials have now jointly recommended extending the
suspension and limitation for an additional 90 days.
As that recommendation reflects, the problem of large
numbers of aliens traveling through Mexico to enter our
country unlawfully or without proper documentation has
not materially improved, and indeed in several respects
has worsened, since November 9, 2018. An average of
approximately 2,000 inadmissible aliens continue to
enter the United States each day at our southern
border. And large, organized groups of aliens continue
to travel through Mexico towards the United States with
the reported intention to enter the United States
unlawfully or without proper documentation.
The ability of the United States to address those
problems has also been hampered by a nationwide
injunction issued by a United States District Judge in
the Northern District of California. That injunction
currently prevents the Attorney General and the
Secretary of Homeland Security from implementing an
interim final rule that would render any alien who
enters the country in contravention of a proclamation
limiting or suspending entry at the southern border,
including Proclamation 9822, ineligible to be granted
asylum. The United States is appealing that injunction.
Should the injunction be lifted, aliens who enter the
United States unlawfully through the southern border in
contravention of this proclamation will be ineligible
to be granted asylum under that interim final rule.
As President, I must act to protect the national
interest, and to maintain an effectively functioning
asylum system for legitimate asylum seekers who
demonstrate that they have fled persecution and warrant
the many special benefits associated with being granted
asylum. In view of the foregoing circumstances, and the
joint recommendation from the Secretary of State, the
Attorney General, and the Secretary of Homeland
Security, I have determined to extend the suspension
and limitation, as set forth below, on
[[Page 3666]]
entry into the United States through the southern
border established by Proclamation 9822.
NOW, THEREFORE, I, DONALD J. TRUMP, 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 INA, hereby find that, absent the
measures set forth in this proclamation, the entry into
the United States of persons described in section 1 of
this proclamation would be detrimental to the interests
of the United States, and that their entry should be
subject to certain restrictions, limitations, and
exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The
entry of any alien into the United States across the
international boundary between the United States and
Mexico is hereby suspended and limited, subject to
section 2 of this proclamation. That suspension and
limitation shall expire 90 days after the date of this
proclamation or the date on which an agreement permits
the United States to remove aliens to Mexico in
compliance with the terms of section 208(a)(2)(A) of
the INA (8 U.S.C. 1158(a)(2)(A)), whichever is earlier.
Sec. 2. Scope and Implementation of Suspension and
Limitation on Entry. (a) The suspension and limitation
on entry pursuant to section 1 of this proclamation
shall apply only to aliens who enter the United States
after the date of this proclamation.
(b) The suspension and limitation on entry pursuant
to section 1 of this proclamation shall not apply to
any alien who enters the United States at a port of
entry and properly presents for inspection, or to any
lawful permanent resident of the United States.
(c) Nothing in this proclamation shall limit an
alien entering the United States from being considered
for withholding of removal under section 241(b)(3) of
the INA (8 U.S.C. 1231(b)(3)) or protection pursuant to
the regulations promulgated under the authority of the
implementing legislation regarding the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, or limit the statutory
processes afforded to unaccompanied alien children upon
entering the United States under section 279 of title
6, United States Code, and section 1232 of title 8,
United States Code.
(d) No later than 75 days after the date of this
proclamation, the Secretary of State, the Attorney
General, and the Secretary of Homeland Security shall
jointly submit to the President, through the Assistant
to the President for National Security Affairs, a
recommendation on whether an extension or renewal of
the suspension or limitation on entry in section 1 of
this proclamation is in the interests of the United
States.
Sec. 3. Interdiction. The Secretary of State and the
Secretary of Homeland Security shall continue to
consult with the Government of Mexico regarding
appropriate steps--consistent with applicable law and
the foreign policy, national security, and public-
safety interests of the United States--to address the
approach of large groups of aliens traveling through
Mexico with the intent of entering the United States
unlawfully, including efforts to deter, dissuade, and
return such aliens before they physically enter United
States territory through the southern border.
Sec. 4. 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:
(a) 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 other
provisions to any other persons or circumstances shall
not be affected thereby; and
(b) if any provision of this proclamation, or the
application of any provision to any person or
circumstance, is held to be invalid because of the
failure to follow certain procedures, the relevant
executive branch officials shall
[[Page 3667]]
implement those procedural requirements to conform with
existing law and with any applicable court orders.
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
seventh day of February, in the year of our Lord two
thousand nineteen, and of the Independence of the
United States of America the two hundred and forty-
third.
(Presidential Sig.)
[FR Doc. 2019-02303
Filed 2-11-19; 11:15 am]
Billing code 3295-F9-P
