On Friday, the President trump has signed a decree “to protect the country from foreign terrorists attempting to enter the United States.” The published text of the decree, distributed by the White house.
By the power vested in me as President by the Constitution and laws of the United States of America, including the immigration Act and nationality, 8 U. S. C. 1101 et seq., and section 301 of the third article of the Code of laws of the United States, and to protect the American people from attacks by foreign terrorists, admitted in the United States, it is hereby ordered:
Part 1. Goal.
The procedure plays an important role in identifying persons associated with terrorists and preventing their entry into the United States. There may be no better example than the terrorist attacks of 11 September 2001, when the policy of the state Department did not allow the consulates to carefully examine requests for visas to several of the 19 people killed about three thousand Americans. Although after the attacks of 11 September 2001, the procedure for issuing visas has been revised to more effectively identify potential terrorists, these measures are unable to prevent attacks by foreigners who received permission to enter the United States.
Many born in other countries people were convicted of crimes related to terrorism, after September 11, 2001. Among them were those who entered the U.S. on a tourist, student or work visa, as well as those who came under the program of reception of refugees. The deteriorating conditions in some countries as a result of wars, strife, natural disasters and riots increase the likelihood that the terrorists by all means try to penetrate in the United States. U.S. must remain vigilant in issuing visas and to make sure that visitors did not intend to cause harm to Americans and was not associated with terrorists.
To protect Americans, the United States must ensure that people who receive permission to enter was not hostile towards the country and its basic principles. The United States cannot and should not accept those who do not respect the Constitution or who puts any violent ideology above American laws. In addition, the U.S. should not let those who committed acts of bigotry or hatred (including the so-called killing to “protect the honor” of the family and other forms of violence against women, and persecution of followers of other religions), and those who would persecute Americans of any race, gender or sexual orientation.
US policy aimed at protecting citizens from foreign nationals intending to carry out attacks in the United States, and to prevent the arrival of foreign citizens who wish to use the us immigration laws for criminal purposes.
Part 3. Cancellation of the issuance of visas and other immigration benefits for citizens of countries of particular concern.
A. Secretary of homeland security, after consultation with the Secretary of state and Director of national intelligence, shall prepare a list of requested data from any of the countries for consideration of requests for visa, entry permit and other benefits in accordance with the law of immigration and citizenship (making decisions). Information intended to establish that the requesting a visa the person is who they claim to be, and is not a threat to security and to society.
B. Secretary of homeland security, after consultation with the Secretary of state and Director of national intelligence shall transmit to the President a report on the results of the work to item And, in particular, prepared by the Secretary of homeland security a list of the data requested for consideration of requests for visas the list of countries that do not provide such information within 30 days after the publication of the decree. A copy of the report to the Minister of internal security will give the Secretary of state and the Director of national intelligence.
C. To temporarily ease the verification to the relevant agencies on the issue set forth in paragraph A of this part, to ensure that due consideration and maximizing the available resources for inspection of foreign citizens, and to ensure implementation of appropriate standards to prevent the entry of foreign terrorists or criminals, in accordance with part 212(f) of the immigration and nationality, 8 U. S. C. 1182(f), I hereby order that the entry of both immigrants and non-immigrants from foreign countries listed in 217(a)(12) of the immigration and nationality 8 U. S. C. 1187(a)(12), contrary to US interests. In line with this, I forbid entry into the United States to immigrants and non-immigrants from these countries for 90 days from the date of this decree (except for persons travelling with diplomatic passports, visas Severo-the Atlantic Alliance, visas, UN-2 and visas G-1, G-2, G-3 and G-4).
D. Immediately upon receipt of a report described in paragraph B, with the information necessary for the consideration of requests for visas, the Secretary of state must apply to foreign governments that do not provide this information, and ask them to begin to submit such data on its citizens for 60 days after receipt of the notice.
E. After the 60-day period described in paragraph G, the Secretary of homeland security, after consultation with the Secretary, shall provide the President a list of countries recommended for inclusion in the presidential proclamation prohibiting entry for citizens (except persons travelling with diplomatic passports, visas Severo-the Atlantic Alliance, visas, UN-2 and visas G-1, G-2, G-3 and G-4) foreign States that do not provide the requested information, in accordance with paragraph G until the requirement is not met.
F. At any time after the filing of the list of States in accordance with paragraph D of this part, the Secretary of state and Secretary of homeland security may recommend to the President to include other countries in the same list.
G. Regardless of whether asking for a visa for a foreigner under the ban under paragraph or under paragraph D of this part, the Secretary of state and the Department of homeland security can, considering each case separately, in the case of compliance with the national interests, can issue visas and other benefits to nationals of, the issuance of visas for which a shot blocked.
H. The Secretary of state and Secretary of homeland security shall provide to the President a joint report on the implementation of this decree within 30 days from the date of publication of the decree, a second report within 60 days and a third report within 90 days, the fourth report within 120 days.
Part 4. The introduction of uniform control standards for all immigration programs.
A. the Secretary of state, Secretary of homeland security, the Director of national intelligence and the Director of the Federal Bureau of investigation shall implement the program in conjunction with the issuance of immigration benefits to identify persons wishing to enter the US on false grounds, intending to cause damage or those who could potentially cause damage upon entry. The program will include common standards and verification procedure, for example, personal interviews, a database of the documents provided to avoid repeated use of the same documents by different people, including in the questionnaire questions aimed to identify the false answers and malice, the mechanism of establishing the identity making the request, the procedure of establishment the likelihood that submitted the request will become a useful member of society and can contribute to national interests, and a mechanism to evaluate whether filing a request to commit terrorist acts and crimes in the US or not.
B. the Secretary of state, Secretary of homeland security, the Director of national intelligence and the Director of the Federal Bureau of investigation shall provide a preliminary report on the implementation of this order within 60 days from the date of publication of this decree, a second report within 100 days, and the third report — within 200 days from the date of publication of this decree.
Part 5. The reorganization of the American program for the admission of refugees in fiscal 2017.
A. the Secretary of state must suspend the American program for reception (USRAP) for 120 days. During these 120 days, the Secretary of state, together with the Minister of internal security and, after consultation with the Director of national intelligence shall review the procedure for filing petitions to participate in the USRAP and the permit. They should determine what additional procedures need to be implemented to receive the status of refugee people do not threaten the safety and well-being of the United States, and shall implement these additional procedures. Submitted requests for refugee status and have already adopted USRAP will be considered under the old standards until you have implemented additional procedures. After 120 days the Secretary of state must resume USRAP only for citizens of those countries in respect of which the Secretary of state, Minister of internal security and Director of national intelligence agreed that additional procedures sufficient to ensure the safety and welfare of the United States.
B. With the resumption of USRAP Secretary of state, after consultation with the Minister of internal security, may amend permitted by law limits in order to give priority to refugees who face persecution because of religion, in cases where their followers of their religion are a minority in their home countries. Where necessary and appropriate, the Secretary of state and Secretary of homeland security may recommend to the President a legislative initiative to ensure this priority.
C. In accordance with section 212(f) of the immigration and nationality, 8 U. S. C. 1182(f), I hereby order that the entry of Syrian nationals as refugees is contrary to the interests of the United States, and will be suspended until the expiry of the allotted me the time to make changes in USRAP to ensure that the admission of Syrian refugees is in the national interest.
D. In accordance with section 212(f) of the immigration and nationality, 8 U. S. C. 1182(f), I hereby decree the appointment of more than 50 thousand refugees in fiscal year 2017, and contrary to US interests and should be terminated at the designated me period, until it is resolved, that the additional intake is in the national interest.
E. regardless of the temporary prohibition under paragraph A of this part for requesting that the Secretary of state and Secretary of homeland security may permit entry of individuals in the United States as refugees, considering each case separately, but only if they consider that the admission of these people is in the national interest, including, if we are talking about the religious minorities who face persecution in their home countries, if the reception of this person will allow the United States to implement previous international agreements, or if the person is undergoing the procedure, and the refusal will be for him unjust deprivation. In all cases, should not be a risk to the safety and welfare of the United States.
F. the Secretary of state must give the President a preliminary report on the implementation of the order in paragraph B of this part about giving priority to persons claiming persecution as a religious minority, within 100 days from the date of publication of this decree, and second, within 200 days from the date of publication of this decree.
G. Policy the Executive authority is to within the limits established by current legislation, and within the practical ability of the state governments and local authorities were granted the right to participate in the process of determining the locations or settlements in their jurisdictions foreign nationals ‘ right to stay in the U.S. as refugees. To this end, the Minister of internal security is required to examine existing legislation to establish those limits, to which, in accordance with the applicable legal norms the state governments and local authorities can participate more actively in the process of determining the placement or settlement of refugees in their jurisdictions, and to make the offer, which should encourage similar participation in the framework of the law.
Part 6. The cessation of the exercise of authority in relation to cases of prevention on the basis of suspicion of terrorism.
The Secretary of state and the Minister of internal security needs in coordination with the attorney General to consider cases of termination of the exercise of the powers in section 212 of the immigration and citizenship USA title 8, United States code, article 1182, concerning the prevention on the basis of suspicion of terrorism and related acts.
Part 7. The accelerated introduction of the biometric system for tracking entry and exit.
(a) the Minister of internal security is required to speed up the process of creating and implementing a biometric system for tracking the entry and exit of all foreign nationals in the United States, as recommended by the National Commission on terrorist attacks against the United States.
(b) the Secretary of homeland security shall periodically provide to the President a report on the implementation of the Directive contained in subsection (a) of this section. The first report must be submitted within 100 days of the date of this decree, the second report must be provided within 200 days from the date of this decree and the third report must be submitted within 365 days from the date of this decree. Further, the Minister is obliged to submit a report every 180 days until such time when this system is fully established and ready to work.
Part 8. Security interviews for a visa.
(a) the Secretary of state shall immediately suspend operation of an alternative program of interviewing for a visa and to ensure compliance with section 222 of the immigration and citizenship USA title 8, United States code, article 1222, which requires that all applicants for nonimmigrant passed a personal interview with the exceptions established by law.
(b) within the limits imposed by applicable law, and subject to the availability of funds, the Secretary of state shall immediately extend the current program of assistance to employees of consulates, including substantially increasing the number of employees, increase their life or make it perpetual, and to make language courses at the foreign service Institute, available to employees preparing to take positions outside of their main linguistic skills, so that the waiting time of the interviews for applicants for nonimmigrant visa are not stretched.
Part 9. The principle of reciprocity in the issue of the duration of the visa.
The Secretary of state is obliged to examine all agreements of reciprocity relating to the validity of nonimmigrant visas to ensure that a given class of visa they are all so mutual, as far as feasible in terms of validity period and fees as required by sections 221 © and 281 of the immigration Act and the citizenship USA title 8, United States code, article 1201 © and 1351. If a country does not apply to U.S. citizens seeking to obtain a non-immigrant visa, taking into account the principle of reciprocity, the Secretary shall adjust the period of validity of visas, rates and other aspects to match the treatment in which US citizens in that foreign state as possible.
Part 10. Transparency and data collection.
(a) to provide a higher level of transparency in the relations with the American people and to more effectively implement policies and practices that serve the national interest, the Secretary of homeland security in coordination with the attorney-General must, in accordance with applicable legislation and requirements of national security, to collect with to publish within 180 days then every 180 days:
(i) information regarding the number of foreign citizens residing in the U.S. who have been charged with committing terrorist crimes during his stay in the U.S.; they were found guilty of terrorist crimes during his stay in the U.S.; who was deported from the United States on charges of terrorist orientation, membership or material assistance to an organization of a terrorist orientation or any other grounds related to national security, from the date of the decree or the date of the end of the previous reporting period, depending on, whichever is later;
(ii) information regarding the number of foreign citizens residing in the U.S. who have been radicalized after entry into the United States and participated in acts of terrorist orientation; providing financial assistance to the organisations of a terrorist orientation in countries posing a threat to the United States from the date of the decree or the date of the end of the previous reporting period, whichever occurs later;
(iii) information regarding the number and types of acts of gender-motivated violence against women committed on US soil by foreign nationals since the date of the decree or the date of the end of the previous reporting period, whichever occurs later;
(iv) any other information relating to public safety, as it is determined by the Minister of internal security and the attorney General, including information about the immigration status of foreign nationals accused of committing serious crimes.
(b) the Secretary of state must within one year of the date of this decree to provide a report containing an assessment of the long-term costs of the Program of reception of refugees at the Federal level, state level and local level.
Part 11. General provisions.
(a) Nothing in this decree shall be construed to weaken or otherwise affect:
(i) authority granted by law to the ministries or agencies of the Executive branch or their supervisors;
(ii) duties and responsibilities of the Director of the office of management and budget in terms of budgetary, administrative, or legislative proposals.
(b) This decree shall be enforced in accordance with the requirements of legislation and with the amount of available funds.
© This decree is not intended to create and does not create any rights or privileges, of both real and procedural, enforceable at common law or in equity, for any of the parties opposed to the United States, its departments, agencies or institutions, their officials, employees, agents or any other persons.