Enhancing State and Local Involvement in Refugee Resettlement

Published date01 October 2019
Citation84 FR 52355
Record Number2019-21505
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 190 (Tuesday, October 1, 2019)
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
                [Presidential Documents]
                [Pages 52355-52356]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-21505] Presidential Documents
                Federal Register / Vol. 84 , No. 190 / Tuesday, October 1, 2019 /
                Presidential Documents
                [[Page 52355]]
                 Executive Order 13888 of September 26, 2019
                
                Enhancing State and Local Involvement in Refugee
                 Resettlement
                 By the authority vested in me as President by the
                 Constitution and the laws of the United States of
                 America, it is hereby ordered as follows:
                 Section 1. Purpose. In resettling refugees into
                 American communities, it is the policy of the United
                 States to cooperate and consult with State and local
                 governments, to take into account the preferences of
                 State governments, and to provide a pathway for
                 refugees to become self-sufficient. These policies
                 support each other. Close cooperation with State and
                 local governments ensures that refugees are resettled
                 in communities that are eager and equipped to support
                 their successful integration into American society and
                 the labor force.
                 The Federal Government consults with State and local
                 governments not only to identify the best environments
                 for refugees, but also to be respectful of those
                 communities that may not be able to accommodate refugee
                 resettlement. State and local governments are best
                 positioned to know the resources and capacities they
                 may or may not have available to devote to sustainable
                 resettlement, which maximizes the likelihood refugees
                 placed in the area will become self-sufficient and free
                 from long-term dependence on public assistance. Some
                 States and localities, however, have viewed existing
                 consultation as insufficient, and there is a need for
                 closer coordination and a more clearly defined role for
                 State and local governments in the refugee resettlement
                 process. My Administration seeks to enhance these
                 consultations.
                 Section 6(d) of Executive Order 13780 of March 6, 2017
                 (Protecting the Nation from Foreign Terrorist Entry
                 into the United States), directed the Secretary of
                 State to determine the extent to which, consistent with
                 applicable law, State and local jurisdictions could
                 have greater involvement in the process of determining
                 the placement or resettlement of refugees in their
                 jurisdictions, and to devise a proposal to promote such
                 involvement.
                 I have consulted with the Secretary of State and
                 determined that, with limited exceptions, the Federal
                 Government, as an exercise of its broad discretion
                 concerning refugee placement accorded to it by the
                 Constitution and the Immigration and Nationality Act,
                 should resettle refugees only in those jurisdictions in
                 which both the State and local governments have
                 consented to receive refugees under the Department of
                 State's Reception and Placement Program (Program).
                 Sec. 2. Consent of States and Localities to the
                 Placement of Refugees. (a) Within 90 days of the date
                 of this order, the Secretary of State and the Secretary
                 of Health and Human Services shall develop and
                 implement a process to determine whether the State and
                 locality both consent, in writing, to the resettlement
                 of refugees within the State and locality, before
                 refugees are resettled within that State and locality
                 under the Program. The Secretary of State shall
                 publicly release any written consents of States and
                 localities to resettlement of refugees.
                 (b) Within 90 days of the date of this order, the
                 Secretary of State and the Secretary of Health and
                 Human Services shall develop and implement a process by
                 which, consistent with 8 U.S.C. 1522(a)(2)(D), the
                 State and the locality's consent to the resettlement of
                 refugees under the Program
                [[Page 52356]]
                 is taken into account to the maximum extent consistent
                 with law. In particular, that process shall provide
                 that, if either a State or locality has not provided
                 consent to receive refugees under the Program, then
                 refugees should not be resettled within that State or
                 locality unless the Secretary of State concludes,
                 following consultation with the Secretary of Health and
                 Human Services and the Secretary of Homeland Security,
                 that failing to resettle refugees within that State or
                 locality would be inconsistent with the policies and
                 strategies established under 8 U.S.C. 1522(a)(2)(B) and
                 (C) or other applicable law. If the Secretary of State
                 intends to provide for the resettlement of refugees in
                 a State or locality that has not provided consent, then
                 the Secretary shall notify the President of such
                 decision, along with the reasons for the decision,
                 before proceeding.
                 (c) Subsection (b) of this section shall not apply
                 to the resettlement of a refugee's spouse or child
                 following to join that refugee pursuant to 8 U.S.C.
                 1157(c)(2)(A).
                 Sec. 3. 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,
                 September 26, 2019.
                [FR Doc. 2019-21505
                Filed 9-30-19; 11:15 am]
                Billing code 3295-F0-P
                

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