Executive Order No. 13780. Protecting the Nation From Foreign Terrorist Entry Into the United States

• Executive Order No.: 13780
• Published date: 09 March 2017
• Citation: 82 FR 13209
• Date: 06 March 2017
• Section: Presidential Documents
• Issuer: Executive Office of the President

13209 
Federal Register 
Presidential Documents
Vol. 82, No. 45 
Thursday, March 9, 2017 
Title 3— 
Executive Order 13780 of March 6, 2017 
The President 
Protecting the Nation From Foreign Terrorist Entry Into the 
United States 
By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including the Immigration and Nation-
ality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United 
States Code, and to protect the Nation from terrorist activities by foreign 
nationals admitted to the United States, it is hereby ordered as follows: 
Section 1.  Policy and Purpose. (a) It is the policy of the United States 
to protect its citizens from terrorist attacks, including those committed by 
foreign nationals. The screening and vetting protocols and procedures associ-
ated with the visa-issuance process and the United States Refugee Admissions 
Program (USRAP) play a crucial role in detecting foreign nationals who 
may commit, aid, or support acts of terrorism and in preventing those 
individuals from entering the United States. It is therefore the policy of 
the United States to improve the screening and vetting protocols and proce-
dures associated with the visa-issuance process and the USRAP. 
(b) On January 27, 2017, to implement this policy, I issued Executive 
Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the 
United States). 
(i) Among other actions, Executive Order 13769 suspended for 90 days 
the entry of certain aliens from seven countries: Iran, Iraq, Libya, Somalia, 
Sudan, Syria, and Yemen. These are countries that had already been 
identified as presenting heightened concerns about terrorism and travel 
to the United States. Specifically, the suspension applied to countries 
referred to in, or designated under, section 217(a)(12) of the INA, 8 U.S.C. 
1187(a)(12), in which Congress restricted use of the Visa Waiver Program 
for nationals of, and aliens recently present in, (A) Iraq or Syria, (B) 
any country designated by the Secretary of State as a state sponsor of 
terrorism (currently Iran, Syria, and Sudan), and (C) any other country 
designated as a country of concern by the Secretary of Homeland Security, 
in consultation with the Secretary of State and the Director of National 
Intelligence. In 2016, the Secretary of Homeland Security designated Libya, 
Somalia, and Yemen as additional countries of concern for travel purposes, 
based on consideration of three statutory factors related to terrorism and 
national security: ‘‘(I) whether the presence of an alien in the country 
or area increases the likelihood that the alien is a credible threat to 
the national security of the United States; (II) whether a foreign terrorist 
organization has a significant presence in the country or area; and (III) 
whether the country or area is a safe haven for terrorists.’’ 8 U.S.C. 
1187(a)(12)(D)(ii). Additionally, Members of Congress have expressed con-
cerns about screening and vetting procedures following recent terrorist 
attacks in this country and in Europe. 
(ii) In ordering the temporary suspension of entry described in subsection 
(b)(i) of this section, I exercised my authority under Article II of the 
Constitution and under section 212(f) of the INA, which provides in 
relevant part: ‘‘Whenever the President finds that the entry of any aliens 
or of any class of aliens into the United States would be detrimental 
to the interests of the United States, he may by proclamation, and for 
such period as he shall deem necessary, suspend the entry of all aliens 
or any class of aliens as immigrants or nonimmigrants, or impose on 
the entry of aliens any restrictions he may deem to be appropriate.’’ 
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8 U.S.C. 1182(f). Under these authorities, I determined that, for a brief 
period of 90 days, while existing screening and vetting procedures were 
under review, the entry into the United States of certain aliens from 
the seven identified countries—each afflicted by terrorism in a manner 
that compromised the ability of the United States to rely on normal 
decision-making procedures about travel to the United States—would be 
detrimental to the interests of the United States. Nonetheless, I permitted 
the Secretary of State and the Secretary of Homeland Security to grant 
case-by-case waivers when they determined that it was in the national 
interest to do so. 
(iii) Executive Order 13769 also suspended the USRAP for 120 days. 
Terrorist groups have sought to infiltrate several nations through refugee 
programs. Accordingly, I temporarily suspended the USRAP pending a 
review of our procedures for screening and vetting refugees. Nonetheless, 
I permitted the Secretary of State and the Secretary of Homeland Security 
to jointly grant case-by-case waivers when they determined that it was 
in the national interest to do so. 
(iv) Executive Order 13769 did not provide a basis for discriminating 
for or against members of any particular religion. While that order allowed 
for prioritization of refugee claims from members of persecuted religious 
minority groups, that priority applied to refugees from every nation, includ-
ing those in which Islam is a minority religion, and it applied to minority 
sects within a religion. That order was not motivated by animus toward 
any religion, but was instead intended to protect the ability of religious 
minorities—whoever they are and wherever they reside—to avail them-
selves of the USRAP in light of their particular challenges and cir-
cumstances. 
(c) The implementation of Executive Order 13769 has been delayed by 
litigation. Most significantly, enforcement of critical provisions of that order 
has been temporarily halted by court orders that apply nationwide and 
extend even to foreign nationals with no prior or substantial connection 
to the United States. On February 9, 2017, the United States Court of 
Appeals for the Ninth Circuit declined to stay or narrow one such order 
pending the outcome of further judicial proceedings, while noting that the 
‘‘political branches are far better equipped to make appropriate distinctions’’ 
about who should be covered by a suspension of entry or of refugee admis-
sions. 
(d) Nationals from the countries previously identified under section 
217(a)(12) of the INA warrant additional scrutiny in connection with our 
immigration policies because the conditions in these countries present height-
ened threats. Each of these countries is a state sponsor of terrorism, has 
been significantly compromised by terrorist organizations, or contains active 
conflict zones. Any of these circumstances diminishes the foreign govern-
ment’s willingness or ability to share or validate important information 
about individuals seeking to travel to the United States. Moreover, the signifi-
cant presence in each of these countries of terrorist organizations, their 
members, and others exposed to those organizations increases the chance 
that conditions will be exploited to enable terrorist operatives or sympathizers 
to travel to the United States. Finally, once foreign nationals from these 
countries are admitted to the United States, it is often difficult to remove 
them, because many of these countries typically delay issuing, or refuse 
to issue, travel documents. 
(e) The following are brief descriptions, taken in part from the Department 
of State’s Country Reports on Terrorism 2015 (June 2016), of some of the 
conditions in six of the previously designated countries that demonstrate 
why their nationals continue to present heightened risks to the security 
of the United States: 
(i)  Iran.  Iran has been designated as a state sponsor of terrorism since 
1984 and continues to support various terrorist groups, including Hizballah, 
Hamas, and terrorist groups in Iraq. Iran has also been linked to support 
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13211 
for al-Qa’ida and has permitted al-Qa’ida to transport funds and fighters 
through Iran to Syria and South Asia. Iran does not cooperate with the 
United States in counterterrorism efforts. 
(ii)  Libya.  Libya is an active combat zone, with hostilities between the 
internationally recognized government and its rivals. In many parts of 
the country, security and law enforcement functions are provided by armed 
militias rather than state institutions. Violent extremist groups, including 
the Islamic State of Iraq and Syria (ISIS), have exploited these conditions 
to expand their presence in the country. The Libyan government provides 
some cooperation with the United States’ counterterrorism efforts, but 
it is unable to secure thousands of miles of its land and maritime borders, 
enabling the illicit flow of weapons, migrants, and foreign terrorist fighters. 
The United States Embassy in Libya suspended its operations in 2014. 
(iii)  Somalia.  Portions of Somalia have been terrorist safe havens. Al- 
Shabaab, an al-Qa’ida-affiliated terrorist group, has operated in the country 
for years and continues to plan and mount operations within Somalia 
and in neighboring countries. Somalia has porous borders, and most coun-
tries do not recognize Somali identity documents. The Somali government 
cooperates with the United States in some counterterrorism operations 
but does not have the capacity to sustain military pressure on or to 
investigate suspected terrorists. 
(iv)  Sudan.  Sudan has been designated as a state sponsor of terrorism 
since 1993 because of its support for international terrorist groups, includ-
ing Hizballah and Hamas. Historically, Sudan provided safe havens for 
al-Qa’ida and other terrorist groups to meet and train. Although Sudan’s 
support to al-Qa’ida has ceased and it provides some cooperation with 
the United States’ counterterrorism efforts, elements of core al-Qa’ida and 
ISIS-linked terrorist groups remain active in the country. 
(v)  Syria.  Syria has been designated as a state sponsor of terrorism since 
1979. The Syrian government is engaged in an ongoing military conflict 
against ISIS and others for control of portions of the country. At the 
same time, Syria continues to support other terrorist groups. It has allowed 
or encouraged extremists to pass through its territory to enter Iraq. ISIS 
continues to attract foreign fighters to Syria and to use its base in Syria 
to plot or encourage attacks around the globe, including in the United 
States. The United States Embassy in Syria suspended its operations in 
2012. Syria does not cooperate with the United States’ counterterrorism 
efforts. 
(vi) Yemen. Yemen is the site of an ongoing conflict between the incumbent 
government and the Houthi-led opposition. Both ISIS and a second group, 
al-Qa’ida in the Arabian Peninsula (AQAP), have exploited this conflict 
to expand their presence in Yemen and to carry out hundreds of attacks. 
Weapons and other materials smuggled across Yemen’s porous borders 
are used to finance AQAP and other terrorist activities. In 2015, the 
United States Embassy in Yemen suspended its operations, and embassy 
staff were relocated out of the country. Yemen has been supportive of, 
but has not been able to cooperate fully with, the United States in counter-
terrorism efforts. 
(f) In light of the conditions in these six countries, until the assessment 
of current screening and vetting procedures required by section 2 of this 
order is completed, the risk of erroneously permitting entry of a national 
of one of these countries who intends to commit terrorist acts or otherwise 
harm the national security of the United States is unacceptably high. Accord-
ingly, while that assessment is ongoing, I am imposing a temporary pause 
on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and 
Yemen, subject to categorical exceptions and case-by-case waivers, as de-
scribed in section 3 of this order. 
(g) Iraq presents a special case. Portions of Iraq remain active combat 
zones. Since 2014, ISIS has had dominant influence over significant territory 
in northern and central Iraq. Although that influence has been significantly 
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reduced due to the efforts and sacrifices of the Iraqi government and armed 
forces, working along with a United States-led coalition, the ongoing conflict 
has impacted the Iraqi government’s capacity to secure its borders and 
to identify fraudulent travel documents. Nevertheless, the close cooperative 
relationship between the United States and the democratically elected Iraqi 
government, the strong United States diplomatic presence in Iraq, the signifi-
cant presence of United States forces in Iraq, and Iraq’s commitment to 
combat ISIS justify different treatment for Iraq. In particular, those Iraqi 
government forces that have fought to regain more than half of the territory 
previously dominated by ISIS have shown steadfast determination and earned 
enduring respect as they battle an armed group that is the common enemy 
of Iraq and the United States. In addition, since Executive Order 13769 
was issued, the Iraqi government has expressly undertaken steps to enhance 
travel documentation, information sharing, and the return of Iraqi nationals 
subject to final orders of removal. Decisions about issuance of visas or 
granting admission to Iraqi nationals should be subjected to additional scru-
tiny to determine if applicants have connections with ISIS or other terrorist 
organizations, or otherwise pose a risk to either national security or public 
safety. 
(h) Recent history shows that some of those who have entered the United 
States through our immigration system have proved to be threats to our 
national security. Since 2001, hundreds of persons born abroad have been 
convicted of terrorism-related crimes in the United States. They have in-
cluded not just persons who came here legally on visas but also individuals 
who first entered the country as refugees. For example, in January 2013, 
two Iraqi nationals admitted to the United States as refugees in 2009 were 
sentenced to 40 years and to life in prison, respectively, for multiple ter-
rorism-related offenses. And in October 2014, a native of Somalia who 
had been brought to the United States as a child refugee and later became 
a naturalized United States citizen was sentenced to 30 years in prison 
for attempting to use a weapon of mass destruction as part of a plot to 
detonate a bomb at a crowded Christmas-tree-lighting ceremony in Portland, 
Oregon. The Attorney General has reported to me that more than 300 persons 
who entered the United States as refugees are currently the subjects of 
counterterrorism investigations by the Federal Bureau of Investigation. 
(i) Given the foregoing, the entry into the United States of foreign nationals 
who may commit, aid, or support acts of terrorism remains a matter of 
grave concern. In light of the Ninth Circuit’s observation that the political 
branches are better suited to determine the appropriate scope of any suspen-
sions than are the courts, and in order to avoid spending additional time 
pursuing litigation, I am revoking Executive Order 13769 and replacing 
it with this order, which expressly excludes from the suspensions categories 
of aliens that have prompted judicial concerns and which clarifies or refines 
the approach to certain other issues or categories of affected aliens. 
Sec. 2. Temporary Suspension of Entry for Nationals of Countries of Particular 
Concern During Review Period. (a) The Secretary of Homeland Security, 
in consultation with the Secretary of State and the Director of National 
Intelligence, shall conduct a worldwide review to identify whether, and 
if so what, additional information will be needed from each foreign country 
to adjudicate an application by a national of that country for a visa, admis-
sion, or other benefit under the INA (adjudications) in order to determine 
that the individual is not a security or public-safety threat. The Secretary 
of Homeland Security may conclude that certain information is needed 
from particular countries even if it is not needed from every country. 
(b) The Secretary of Homeland Security, in consultation with the Secretary 
of State and the Director of National Intelligence, shall submit to the President 
a report on the results of the worldwide review described in subsection 
(a) of this section, including the Secretary of Homeland Security’s determina-
tion of the information needed from each country for adjudications and 
a list of countries that do not provide adequate information, within 20 
days of the effective date of this order. The Secretary of Homeland Security 
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shall provide a copy of the report to the Secretary of State, the Attorney 
General, and the Director of National Intelligence. 
(c) To temporarily reduce investigative burdens on relevant agencies during 
the review period described in subsection (a) of this section, to ensure 
the proper review and maximum utilization of available resources for the 
screening and vetting of foreign nationals, to ensure that adequate standards 
are established to prevent infiltration by foreign terrorists, and in light 
of the national security concerns referenced in section 1 of this order, 
I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 
U.S.C. 1182(f) and 1185(a), that the unrestricted entry into the United States 
of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be 
detrimental to the interests of the United States. I therefore direct that 
the entry into the United States of nationals of those six countries be 
suspended for 90 days from the effective date of this order, subject to 
the limitations, waivers, and exceptions set forth in sections 3 and 12 
of this order. 
(d) Upon submission of the report described in subsection (b) of this 
section regarding the information needed from each country for adjudications, 
the Secretary of State shall request that all foreign governments that do 
not supply such information regarding their nationals begin providing it 
within 50 days of notification. 
(e) After the period described in subsection (d) of this section expires, 
the Secretary of Homeland Security, in consultation with the Secretary of 
State and the Attorney General, shall submit to the President a list of 
countries recommended for inclusion in a Presidential proclamation that 
would prohibit the entry of appropriate categories of foreign nationals of 
countries that have not provided the information requested until they do 
so or until the Secretary of Homeland Security certifies that the country 
has an adequate plan to do so, or has adequately shared information through 
other means. The Secretary of State, the Attorney General, or the Secretary 
of Homeland Security may also submit to the President the names of addi-
tional countries for which any of them recommends other lawful restrictions 
or limitations deemed necessary for the security or welfare of the United 
States. 
(f) At any point after the submission of the list described in subsection 
(e) of this section, the Secretary of Homeland Security, in consultation 
with the Secretary of State and the Attorney General, may submit to the 
President the names of any additional countries recommended for similar 
treatment, as well as the names of any countries that they recommend 
should be removed from the scope of a proclamation described in subsection 
(e) of this section. 
(g) The Secretary of State and the Secretary of Homeland Security shall 
submit to the President a joint report on the progress in implementing 
this order within 60 days of the effective date of this order, a second 
report within 90 days of the effective date of this order, a third report 
within 120 days of the effective date of this order, and a fourth report 
within 150 days of the effective date of this order. 
Sec. 3. Scope and Implementation of Suspension. 
(a)  Scope.  Subject to the exceptions set forth in subsection (b) of this 
section and any waiver under subsection (c) of this section, the suspension 
of entry pursuant to section 2 of this order shall apply only to foreign 
nationals of the designated countries who: 
(i) are outside the United States on the effective date of this order; 
(ii) did not have a valid visa at 5:00 p.m., eastern standard time on 
January 27, 2017; and 
(iii) do not have a valid visa on the effective date of this order. 
(b)  Exceptions.  The suspension of entry pursuant to section 2 of this 
order shall not apply to: 
(i) any lawful permanent resident of the United States; 
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(ii) any foreign national who is admitted to or paroled into the United 
States on or after the effective date of this order; 
(iii) any foreign national who has a document other than a visa, valid 
on the effective date of this order or issued on any date thereafter, that 
permits him or her to travel to the United States and seek entry or 
admission, such as an advance parole document; 
(iv) any dual national of a country designated under section 2 of this 
order when the individual is traveling on a passport issued by a non- 
designated country; 
(v) any foreign national traveling on a diplomatic or diplomatic-type visa, 
North Atlantic Treaty Organization visa, C–2 visa for travel to the United 
Nations, or G–1, G–2, G–3, or G–4 visa; or 
(vi) any foreign national who has been granted asylum; any refugee who 
has already been admitted to the United States; or any individual who 
has been granted withholding of removal, advance parole, or protection 
under the Convention Against Torture. 
(c)  Waivers.  Notwithstanding the suspension of entry pursuant to section 
2 of this order, a consular officer, or, as appropriate, the Commissioner, 
U.S. Customs and Border Protection (CBP), or the Commissioner’s delegee, 
may, in the consular officer’s or the CBP official’s discretion, decide on 
a case-by-case basis to authorize the issuance of a visa to, or to permit 
the entry of, a foreign national for whom entry is otherwise suspended 
if the foreign national has demonstrated to the officer’s satisfaction that 
denying entry during the suspension period would cause undue hardship, 
and that his or her entry would not pose a threat to national security 
and would be in the national interest. Unless otherwise specified by the 
Secretary of Homeland Security, any waiver issued by a consular officer 
as part of the visa issuance process will be effective both for the issuance 
of a visa and any subsequent entry on that visa, but will leave all other 
requirements for admission or entry unchanged. Case-by-case waivers could 
be appropriate in circumstances such as the following: 
(i) the foreign national has previously been admitted to the United States 
for a continuous period of work, study, or other long-term activity, is 
outside the United States on the effective date of this order, seeks to 
reenter the United States to resume that activity, and the denial of reentry 
during the suspension period would impair that activity; 
(ii) the foreign national has previously established significant contacts 
with the United States but is outside the United States on the effective 
date of this order for work, study, or other lawful activity; 
(iii) the foreign national seeks to enter the United States for significant 
business or professional obligations and the denial of entry during the 
suspension period would impair those obligations; 
(iv) the foreign national seeks to enter the United States to visit or reside 
with a close family member (e.g.,  a spouse, child, or parent) who is 
a United States citizen, lawful permanent resident, or alien lawfully admit-
ted on a valid nonimmigrant visa, and the denial of entry during the 
suspension period would cause undue hardship; 
(v) the foreign national is an infant, a young child or adoptee, an individual 
needing urgent medical care, or someone whose entry is otherwise justified 
by the special circumstances of the case; 
(vi) the foreign national has been employed by, or on behalf of, the 
United States Government (or is an eligible dependent of such an employee) 
and the employee can document that he or she has provided faithful 
and valuable service to the United States Government; 
(vii) the foreign national is traveling for purposes related to an international 
organization designated under the International Organizations Immunities 
Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting 
meetings or business with the United States Government, or traveling 
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to conduct business on behalf of an international organization not des-
ignated under the IOIA; 
(viii) the foreign national is a landed Canadian immigrant who applies 
for a visa at a location within Canada; or 
(ix) the foreign national is traveling as a United States Government-spon-
sored exchange visitor. 
Sec. 4.  Additional Inquiries Related to Nationals of Iraq. An application 
by any Iraqi national for a visa, admission, or other immigration benefit 
should be subjected to thorough review, including, as appropriate, consulta-
tion with a designee of the Secretary of Defense and use of the additional 
information that has been obtained in the context of the close U.S.-Iraqi 
security partnership, since Executive Order 13769 was issued, concerning 
individuals suspected of ties to ISIS or other terrorist organizations and 
individuals coming from territories controlled or formerly controlled by 
ISIS. Such review shall include consideration of whether the applicant has 
connections with ISIS or other terrorist organizations or with territory that 
is or has been under the dominant influence of ISIS, as well as any other 
information bearing on whether the applicant may be a threat to commit 
acts of terrorism or otherwise threaten the national security or public safety 
of the United States. 
Sec. 5. Implementing Uniform Screening and Vetting Standards for All Immi-
gration Programs. (a) The Secretary of State, the Attorney General, the Sec-
retary of Homeland Security, and the Director of National Intelligence shall 
implement a program, as part of the process for adjudications, to identify 
individuals who seek to enter the United States on a fraudulent basis, 
who support terrorism, violent extremism, acts of violence toward any group 
or class of people within the United States, or who present a risk of causing 
harm subsequent to their entry. This program shall include the development 
of a uniform baseline for screening and vetting standards and procedures, 
such as in-person interviews; a database of identity documents proffered 
by applicants to ensure that duplicate documents are not used by multiple 
applicants; amended application forms that include questions aimed at identi-
fying fraudulent answers and malicious intent; a mechanism to ensure that 
applicants are who they claim to be; a mechanism to assess whether appli-
cants may commit, aid, or support any kind of violent, criminal, or terrorist 
acts after entering the United States; and any other appropriate means for 
ensuring the proper collection of all information necessary for a rigorous 
evaluation of all grounds of inadmissibility or grounds for the denial of 
other immigration benefits. 
(b) The Secretary of Homeland Security, in conjunction with the Secretary 
of State, the Attorney General, and the Director of National Intelligence, 
shall submit to the President an initial report on the progress of the program 
described in subsection (a) of this section within 60 days of the effective 
date of this order, a second report within 100 days of the effective date 
of this order, and a third report within 200 days of the effective date 
of this order. 
Sec. 6.  Realignment of the U.S. Refugee Admissions Program for Fiscal 
Year 2017. (a) The Secretary of State shall suspend travel of refugees into 
the United States under the USRAP, and the Secretary of Homeland Security 
shall suspend decisions on applications for refugee status, for 120 days 
after the effective date of this order, subject to waivers pursuant to subsection 
(c) of this section. During the 120-day period, the Secretary of State, in 
conjunction with the Secretary of Homeland Security and in consultation 
with the Director of National Intelligence, shall review the USRAP application 
and adjudication processes to determine what additional procedures should 
be used to ensure that individuals seeking admission as refugees do not 
pose a threat to the security and welfare of the United States, and shall 
implement such additional procedures. The suspension described in this 
subsection shall not apply to refugee applicants who, before the effective 
date of this order, have been formally scheduled for transit by the Department 
of State. The Secretary of State shall resume travel of refugees into the 
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United States under the USRAP 120 days after the effective date of this 
order, and the Secretary of Homeland Security shall resume making decisions 
on applications for refugee status only for stateless persons and nationals 
of countries for which the Secretary of State, the Secretary of Homeland 
Security, and the Director of National Intelligence have jointly determined 
that the additional procedures implemented pursuant to this subsection 
are adequate to ensure the security and welfare of the United States. 
(b) Pursuant to section 212(f) of the INA, I hereby proclaim that the 
entry of more than 50,000 refugees in fiscal year 2017 would be detrimental 
to the interests of the United States, and thus suspend any entries in excess 
of that number until such time as I determine that additional entries would 
be in the national interest. 
(c) Notwithstanding the temporary suspension imposed pursuant to sub-
section (a) of this section, the Secretary of State and the Secretary of Home-
land Security may jointly determine to admit individuals to the United 
States as refugees on a case-by-case basis, in their discretion, but only 
so long as they determine that the entry of such individuals as refugees 
is in the national interest and does not pose a threat to the security or 
welfare of the United States, including in circumstances such as the fol-
lowing: the individual’s entry would enable the United States to conform 
its conduct to a preexisting international agreement or arrangement, or the 
denial of entry would cause undue hardship. 
(d) It is the policy of the executive branch that, to the extent permitted 
by law and as practicable, State and local jurisdictions be granted a role 
in the process of determining the placement or settlement in their jurisdic-
tions of aliens eligible to be admitted to the United States as refugees. 
To that end, the Secretary of State shall examine existing law to determine 
the extent to which, consistent with applicable law, State and local jurisdic-
tions may have greater involvement in the process of determining the place-
ment or resettlement of refugees in their jurisdictions, and shall devise 
a proposal to lawfully promote such involvement. 
Sec. 7. Rescission of Exercise of Authority Relating to the Terrorism Grounds 
of Inadmissibility. The Secretary of State and the Secretary of Homeland 
Security shall, in consultation with the Attorney General, consider rescinding 
the exercises of authority permitted by section 212(d)(3)(B) of the INA, 
8 U.S.C. 1182(d)(3)(B), relating to the terrorism grounds of inadmissibility, 
as well as any related implementing directives or guidance. 
Sec. 8.  Expedited Completion of the Biometric Entry-Exit Tracking System. 
(a) The Secretary of Homeland Security shall expedite the completion and 
implementation of a biometric entry-exit tracking system for in-scope trav-
elers to the United States, as recommended by the National Commission 
on Terrorist Attacks Upon the United States. 
(b) The Secretary of Homeland Security shall submit to the President 
periodic reports on the progress of the directive set forth in subsection 
(a) of this section. The initial report shall be submitted within 100 days 
of the effective date of this order, a second report shall be submitted within 
200 days of the effective date of this order, and a third report shall be 
submitted within 365 days of the effective date of this order. The Secretary 
of Homeland Security shall submit further reports every 180 days thereafter 
until the system is fully deployed and operational. 
Sec. 9.  Visa Interview Security. (a) The Secretary of State shall immediately 
suspend the Visa Interview Waiver Program and ensure compliance with 
section 222 of the INA, 8 U.S.C. 1202, which requires that all individuals 
seeking a nonimmigrant visa undergo an in-person interview, subject to 
specific statutory exceptions. This suspension shall not apply to any foreign 
national traveling on a diplomatic or diplomatic-type visa, North Atlantic 
Treaty Organization visa, C–2 visa for travel to the United Nations, or 
G–1, G–2, G–3, or G–4 visa; traveling for purposes related to an international 
organization designated under the IOIA; or traveling for purposes of con-
ducting meetings or business with the United States Government. 
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Presidential Documents 
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(b) To the extent permitted by law and subject to the availability of 
appropriations, the Secretary of State shall immediately expand the Consular 
Fellows Program, including by substantially increasing the number of Fel-
lows, lengthening or making permanent the period of service, and making 
language training at the Foreign Service Institute available to Fellows for 
assignment to posts outside of their area of core linguistic ability, to ensure 
that nonimmigrant visa-interview wait times are not unduly affected. 
Sec. 10.  Visa Validity Reciprocity. The Secretary of State shall review all 
nonimmigrant visa reciprocity agreements and arrangements to ensure that 
they are, with respect to each visa classification, truly reciprocal insofar 
as practicable with respect to validity period and fees, as required by sections 
221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. 
If another country does not treat United States nationals seeking non-
immigrant visas in a truly reciprocal manner, the Secretary of State shall 
adjust the visa validity period, fee schedule, or other treatment to match 
the treatment of United States nationals by that foreign country, to the 
extent practicable. 
Sec. 11.  Transparency and Data Collection. (a) To be more transparent 
with the American people and to implement more effectively policies and 
practices that serve the national interest, the Secretary of Homeland Security, 
in consultation with the Attorney General, shall, consistent with applicable 
law and national security, collect and make publicly available the following 
information: 
(i) information regarding the number of foreign nationals in the United 
States who have been charged with terrorism-related offenses while in 
the United States; convicted of terrorism-related offenses while in the 
United States; or removed from the United States based on terrorism- 
related activity, affiliation with or provision of material support to a 
terrorism-related organization, or any other national-security-related rea-
sons; 
(ii) information regarding the number of foreign nationals in the United 
States who have been radicalized after entry into the United States and 
who have engaged in terrorism-related acts, or who have provided material 
support to terrorism-related organizations in countries that pose a threat 
to the United States; 
(iii) information regarding the number and types of acts of gender-based 
violence against women, including so-called ‘‘honor killings,’’ in the United 
States by foreign nationals; and 
(iv) any other information relevant to public safety and security as deter-
mined by the Secretary of Homeland Security or the Attorney General, 
including information on the immigration status of foreign nationals 
charged with major offenses. 
(b) The Secretary of Homeland Security shall release the initial report 
under subsection (a) of this section within 180 days of the effective date 
of this order and shall include information for the period from September 
11, 2001, until the date of the initial report. Subsequent reports shall be 
issued every 180 days thereafter and reflect the period since the previous 
report. 
Sec. 12.  Enforcement.  (a) The Secretary of State and the Secretary of Home-
land Security shall consult with appropriate domestic and international 
partners, including countries and organizations, to ensure efficient, effective, 
and appropriate implementation of the actions directed in this order. 
(b) In implementing this order, the Secretary of State and the Secretary 
of Homeland Security shall comply with all applicable laws and regulations, 
including, as appropriate, those providing an opportunity for individuals 
to claim a fear of persecution or torture, such as the credible fear determina-
tion for aliens covered by section 235(b)(1)(A) of the INA, 8 U.S.C. 
1225(b)(1)(A). 
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Presidential Documents 
(c) No immigrant or nonimmigrant visa issued before the effective date 
of this order shall be revoked pursuant to this order. 
(d) Any individual whose visa was marked revoked or marked canceled 
as a result of Executive Order 13769 shall be entitled to a travel document 
confirming that the individual is permitted to travel to the United States 
and seek entry. Any prior cancellation or revocation of a visa that was 
solely pursuant to Executive Order 13769 shall not be the basis of inadmis-
sibility for any future determination about entry or admissibility. 
(e) This order shall not apply to an individual who has been granted 
asylum, to a refugee who has already been admitted to the United States, 
or to an individual granted withholding of removal or protection under 
the Convention Against Torture. Nothing in this order shall be construed 
to limit the ability of an individual to seek asylum, withholding of removal, 
or protection under the Convention Against Torture, consistent with the 
laws of the United States. 
Sec. 13.  Revocation.  Executive Order 13769 of January 27, 2017, is revoked 
as of the effective date of this order. 
Sec. 14.  Effective Date. This order is effective at 12:01 a.m., eastern daylight 
time on March 16, 2017. 
Sec. 15.  Severability.  (a) If any provision of this order, or the application 
of any provision to any person or circumstance, is held to be invalid, 
the remainder of this order and the application of its other provisions 
to any other persons or circumstances shall not be affected thereby. 
(b) If any provision of this order, or the application of any provision 
to any person or circumstance, is held to be invalid because of the lack 
of certain procedural requirements, the relevant executive branch officials 
shall implement those procedural requirements. 
Sec. 16.  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. 
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(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. 
THE WHITE HOUSE, 
March 6, 2017. 
[FR Doc. 2017–04837 
Filed 3–8–17; 11:15 am] 
Billing code 3295–F7–P 
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