Executive Order No. 13769. Protecting the Nation From Foreign Terrorist Entry Into the United States

• Executive Order No.: 13769
• Published date: 01 February 2017
• Citation: 82 FR 8977
• Date: 27 January 2017
• Section: Presidential Documents
• Issuer: Executive Office of the President

8977 
Federal Register 
Presidential Documents
Vol. 82, No. 20 
Wednesday, February 1, 2017 
Title 3— 
Executive Order 13769 of January 27, 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 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, and to protect the American people from terrorist attacks by foreign 
nationals admitted to the United States, it is hereby ordered as follows: 
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting 
individuals with terrorist ties and stopping them from entering the United 
States. Perhaps in no instance was that more apparent than the terrorist 
attacks of September 11, 2001, when State Department policy prevented 
consular officers from properly scrutinizing the visa applications of several 
of the 19 foreign nationals who went on to murder nearly 3,000 Americans. 
And while the visa-issuance process was reviewed and amended after the 
September 11 attacks to better detect would-be terrorists from receiving 
visas, these measures did not stop attacks by foreign nationals who were 
admitted to the United States. 
Numerous foreign-born individuals have been convicted or implicated in 
terrorism-related crimes since September 11, 2001, including foreign nation-
als who entered the United States after receiving visitor, student, or employ-
ment visas, or who entered through the United States refugee resettlement 
program. Deteriorating conditions in certain countries due to war, strife, 
disaster, and civil unrest increase the likelihood that terrorists will use 
any means possible to enter the United States. The United States must 
be vigilant during the visa-issuance process to ensure that those approved 
for admission do not intend to harm Americans and that they have no 
ties to terrorism. 
In order to protect Americans, the United States must ensure that those 
admitted to this country do not bear hostile attitudes toward it and its 
founding principles. The United States cannot, and should not, admit those 
who do not support the Constitution, or those who would place violent 
ideologies over American law. In addition, the United States should not 
admit those who engage in acts of bigotry or hatred (including ‘‘honor’’ 
killings, other forms of violence against women, or the persecution of those 
who practice religions different from their own) or those who would oppress 
Americans of any race, gender, or sexual orientation. 
Sec. 2.  Policy.  It is the policy of the United States to protect its citizens 
from foreign nationals who intend to commit terrorist attacks in the United 
States; and to prevent the admission of foreign nationals who intend to 
exploit United States immigration laws for malevolent purposes. 
Sec. 3.  Suspension of Issuance of Visas and Other Immigration Benefits 
to Nationals of Countries of Particular Concern. (a) The Secretary of Home-
land Security, in consultation with the Secretary of State and the Director 
of National Intelligence, shall immediately conduct a review to determine 
the information needed from any country to adjudicate any visa, admission, 
or other benefit under the INA (adjudications) in order to determine that 
the individual seeking the benefit is who the individual claims to be and 
is not a security or public-safety threat. 
(b) The Secretary of Homeland Security, in consultation with the Secretary 
of State and the Director of National Intelligence, shall submit to the President 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00003
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS

---

8978 
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Presidential Documents 
a report on the results of the review described in subsection (a) of this 
section, including the Secretary of Homeland Security’s determination of 
the information needed for adjudications and a list of countries that do 
not provide adequate information, within 30 days of the date of this order. 
The Secretary of Homeland Security shall provide a copy of the report 
to the Secretary of State 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 of foreign nationals, and to ensure that adequate standards are 
established to prevent infiltration by foreign terrorists or criminals, pursuant 
to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the 
immigrant and nonimmigrant entry into the United States of aliens from 
countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), 
would be detrimental to the interests of the United States, and I hereby 
suspend entry into the United States, as immigrants and nonimmigrants, 
of such persons for 90 days from the date of this order (excluding those 
foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organi-
zation visas, C–2 visas for travel to the United Nations, and G–1, G–2, 
G–3, and G–4 visas). 
(d) Immediately upon receipt of the report described in subsection (b) 
of this section regarding the information needed for adjudications, the Sec-
retary of State shall request all foreign governments that do not supply 
such information to start providing such information regarding their nationals 
within 60 days of notification. 
(e) After the 60-day period described in subsection (d) of this section 
expires, the Secretary of Homeland Security, in consultation with the Sec-
retary of State, shall submit to the President a list of countries recommended 
for inclusion on a Presidential proclamation that would prohibit the entry 
of foreign nationals (excluding those foreign nationals traveling on diplomatic 
visas, North Atlantic Treaty Organization visas, C–2 visas for travel to the 
United Nations, and G–1, G–2, G–3, and G–4 visas) from countries that 
do not provide the information requested pursuant to subsection (d) of 
this section until compliance occurs. 
(f) At any point after submitting the list described in subsection (e) of 
this section, the Secretary of State or the Secretary of Homeland Security 
may submit to the President the names of any additional countries rec-
ommended for similar treatment. 
(g) Notwithstanding a suspension pursuant to subsection (c) of this section 
or pursuant to a Presidential proclamation described in subsection (e) of 
this section, the Secretaries of State and Homeland Security may, on a 
case-by-case basis, and when in the national interest, issue visas or other 
immigration benefits to nationals of countries for which visas and benefits 
are otherwise blocked. 
(h) The Secretaries of State and Homeland Security shall submit to the 
President a joint report on the progress in implementing this order within 
30 days of the date of this order, a second report within 60 days of the 
date of this order, a third report within 90 days of the date of this order, 
and a fourth report within 120 days of the date of this order. 
Sec. 4.  Implementing Uniform Screening Standards for All Immigration Pro-
grams.  (a) The Secretary of State, the Secretary of Homeland Security, the 
Director of National Intelligence, and the Director of the Federal Bureau 
of Investigation shall implement a program, as part of the adjudication 
process for immigration benefits, to identify individuals seeking to enter 
the United States on a fraudulent basis with the intent to cause harm, 
or who are at risk of causing harm subsequent to their admission. This 
program will include the development of a uniform screening standard 
and procedure, such as in-person interviews; a database of identity docu-
ments proffered by applicants to ensure that duplicate documents are not 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00004
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS

---

Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Presidential Documents 
8979 
used by multiple applicants; amended application forms that include ques-
tions aimed at identifying fraudulent answers and malicious intent; a mecha-
nism to ensure that the applicant is who the applicant claims to be; a 
process to evaluate the applicant’s likelihood of becoming a positively con-
tributing member of society and the applicant’s ability to make contributions 
to the national interest; and a mechanism to assess whether or not the 
applicant has the intent to commit criminal or terrorist acts after entering 
the United States. 
(b) The Secretary of Homeland Security, in conjunction with the Secretary 
of State, the Director of National Intelligence, and the Director of the Federal 
Bureau of Investigation, shall submit to the President an initial report on 
the progress of this directive within 60 days of the date of this order, 
a second report within 100 days of the date of this order, and a third 
report within 200 days of the date of this order. 
Sec. 5.  Realignment of the U.S. Refugee Admissions Program for Fiscal 
Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admis-
sions Program (USRAP) for 120 days. 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 process to determine what additional 
procedures should be taken to ensure that those approved for refugee admis-
sion do not pose a threat to the security and welfare of the United States, 
and shall implement such additional procedures. Refugee applicants who 
are already in the USRAP process may be admitted upon the initiation 
and completion of these revised procedures. Upon the date that is 120 
days after the date of this order, the Secretary of State shall resume USRAP 
admissions only for nationals of countries for which the Secretary of State, 
the Secretary of Homeland Security, and the Director of National Intelligence 
have jointly determined that such additional procedures are adequate to 
ensure the security and welfare of the United States. 
(b) Upon the resumption of USRAP admissions, the Secretary of State, 
in consultation with the Secretary of Homeland Security, is further directed 
to make changes, to the extent permitted by law, to prioritize refugee claims 
made by individuals on the basis of religious-based persecution, provided 
that the religion of the individual is a minority religion in the individual’s 
country of nationality. Where necessary and appropriate, the Secretaries 
of State and Homeland Security shall recommend legislation to the President 
that would assist with such prioritization. 
(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim 
that the entry of nationals of Syria as refugees is detrimental to the interests 
of the United States and thus suspend any such entry until such time 
as I have determined that sufficient changes have been made to the USRAP 
to ensure that admission of Syrian refugees is consistent with the national 
interest. 
(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), 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 such entry until such time as I determine that additional admissions 
would be in the national interest. 
(e) Notwithstanding the temporary suspension imposed pursuant to sub-
section (a) of this section, the Secretaries of State and Homeland 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 admission of such individuals as refugees is in the national interest— 
including when the person is a religious minority in his country of nationality 
facing religious persecution, when admitting the person would enable the 
United States to conform its conduct to a preexisting international agreement, 
or when the person is already in transit and denying admission would 
cause undue hardship—and it would not pose a risk to the security or 
welfare of the United States. 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00005
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS

---

8980 
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Presidential Documents 
(f) The Secretary of State shall submit to the President an initial report 
on the progress of the directive in subsection (b) of this section regarding 
prioritization of claims made by individuals on the basis of religious-based 
persecution within 100 days of the date of this order and shall submit 
a second report within 200 days of the date of this order. 
(g) 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 Homeland Security shall examine existing 
law to determine the extent to which, consistent with applicable law, State 
and local jurisdictions may have greater involvement in the process of 
determining the placement or resettlement of refugees in their jurisdictions, 
and shall devise a proposal to lawfully promote such involvement. 
Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds 
of Inadmissibility. The Secretaries of State and Homeland Security shall, 
in consultation with the Attorney General, consider rescinding the exercises 
of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism 
grounds of inadmissibility, as well as any related implementing memoranda. 
Sec. 7.  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 all travelers 
to the United States, as recommended by the National Commission on Ter-
rorist Attacks Upon the United States. 
(b) The Secretary of Homeland Security shall submit to the President 
periodic reports on the progress of the directive contained in subsection 
(a) of this section. The initial report shall be submitted within 100 days 
of the date of this order, a second report shall be submitted within 200 
days of the date of this order, and a third report shall be submitted within 
365 days of the date of this order. Further, the Secretary shall submit 
a report every 180 days thereafter until the system is fully deployed and 
operational. 
Sec. 8.  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. 
(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 non-immigrant visa-interview wait times are not unduly affected. 
Sec. 9.  Visa Validity Reciprocity. The Secretary of State shall review all 
nonimmigrant visa reciprocity agreements to ensure that they are, with re-
spect 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 a country 
does not treat United States nationals seeking nonimmigrant visas in a 
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 the foreign country, to the extent practicable. 
Sec. 10.  Transparency and Data Collection. (a) To be more transparent 
with the American people, and to more effectively implement 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 within 180 
days, and every 180 days thereafter: 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00006
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS

---

Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Presidential Documents 
8981 
(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, or material support to a terrorism-related organi-
zation, or any other national security reasons since the date of this order 
or the last reporting period, whichever is later; 
(ii) information regarding the number of foreign nationals in the United 
States who have been radicalized after entry into the United States and 
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, since the date of this order or the last reporting period, 
whichever is later; and 
(iii) information regarding the number and types of acts of gender-based 
violence against women, including honor killings, in the United States 
by foreign nationals, since the date of this order or the last reporting 
period, whichever is later; and 
(iv) any other information relevant to public safety and security as deter-
mined by the Secretary of Homeland Security and the Attorney General, 
including information on the immigration status of foreign nationals 
charged with major offenses. 
(b) The Secretary of State shall, within one year of the date of this 
order, provide a report on the estimated long-term costs of the USRAP 
at the Federal, State, and local levels. 
Sec. 11.  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. 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00007
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS

---

8982 
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Presidential Documents 
(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, 
January 27, 2017. 
[FR Doc. 2017–02281 
Filed 1–31–17; 11:15 am] 
Billing code 3295–F7–P 
VerDate Sep<11>2014 
16:43 Jan 31, 2017
Jkt 241001
PO 00000
Frm 00008
Fmt 4705
Sfmt 4790
E:\FR\FM\01FEE0.SGM
01FEE0
sradovich on DSK3GMQ082PROD with PRES DOCS
Trump.EPS</GPH>

---