Combating High Nonimmigrant Overstay Rates
| Published date | 07 May 2019 |
| Citation | 84 FR 19853 |
| Record Number | 2019-09470 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 84 Issue 88 (Tuesday, May 7, 2019)
[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Presidential Documents]
[Pages 19853-19854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09470] Presidential Documents
Federal Register / Vol. 84 , No. 88 / Tuesday, May 7, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 19853]]
Memorandum of April 22, 2019
Combating High Nonimmigrant Overstay Rates
Memorandum for the Secretary of State[,] the Attorney
General[, and] the Secretary of Homeland Security
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., and section 301 of title
3, United States Code, it is hereby ordered as follows:
Section 1. Policy. (a) My Administration is committed
to securing the borders of the United States and
fostering respect for the laws of our country, both of
which are cornerstones of our Republic. Nonimmigrant
visa (visa) overstay rates are unacceptably high for
nationals of certain countries. Aliens must abide by
the terms and conditions of their visas for our
immigration system to function as intended. Although
the United States benefits from legitimate nonimmigrant
entry, individuals who abuse the visa process and
decline to abide by the terms and conditions of their
visas, including their visa departure dates, undermine
the integrity of our immigration system and harm the
national interest.
(b) The large numbers of aliens who overstay their
period of lawful admission, failing to comply with the
terms of a visa or the Visa Waiver Program, place
significant strain on Department of Justice and
Department of Homeland Security resources, which are
currently needed to address the national emergency on
our southern border.
Sec. 2. Addressing High Visa Overstay Rates. (a) The
Secretary of State shall engage with the governments of
countries with a total overstay rate greater than 10
percent in the combined B-1 and B-2 nonimmigrant visa
category based on the Department of Homeland Security
Fiscal Year 2018 Entry/Exit Overstay Report. This
engagement should identify conditions contributing to
high overstay rates among nationals of those countries
and methods to address those conditions.
(b) Within 120 days of the date of this memorandum, the
Secretary of State, in consultation with the Attorney
General and the Secretary of Homeland Security, shall
provide to the President recommendations to reduce B-1
and B-2 nonimmigrant visa overstay rates from the
identified countries. With respect to any of the
identified countries, the recommendations may include,
as appropriate and to the extent consistent with
applicable law, a proclamation, relying on authorities
such as sections 212(f) and 215 of the INA (8 U.S.C.
1182(f) and 1185(a)), suspending or limiting entry of
nationals of those countries who hold B-1 or B-2 visas;
targeted suspension of visa issuance for certain
nationals; limits to duration of admission, to be
implemented by the Department of Homeland Security; and
additional documentary requirements.
(c) The Secretary of State and the Secretary of
Homeland Security shall immediately begin taking all
appropriate actions that are within the scope of their
respective authorities to reduce overstay rates for all
classes of nonimmigrant visas.
[[Page 19854]]
(d) Within 180 days of the date of this memorandum, the
Secretary of Homeland Security shall provide to the
President a summary of the Department of Homeland
Security's ongoing efforts to reduce overstays from
countries participating in the Visa Waiver Program, to
include any recommendations for additional action
necessary and appropriate to ensure the integrity and
security of that Program.
Sec. 3. Admission Bonds. The Secretary of State and the
Secretary of Homeland Security shall take steps to
develop measures required for imposing admission bonds
as a means for improving compliance with the terms and
conditions of nonimmigrant visas. The Secretaries shall
provide a status report to the President within 120
days of the date of this memorandum.
Sec. 4. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof;
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) existing rights or obligations under international agreements.
(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(c) This memorandum 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.
Sec. 5. The Secretary of State is hereby authorized and
directed to publish this memorandum in the Federal
Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, April 22, 2019
[FR Doc. 2019-09470
Filed 5-6-19; 8:45 am]
Billing code 4710-10-P
