Executive Order No. 14010. 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

• Published date: 05 February 2021
• Pages: 8267-8271
• FR Document: 2021-02561
• Executive Order No.: 14010
• Date: 02 February 2021
• Citation: 86 FR 8267
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 86 Issue 23 (Friday, February 5, 2021)

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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 February 2, 2021.
                [FR Doc. 2021-02561
                Filed 2-4-21; 8:45 am]
                Billing code 3295-F1-P