Executive order : PROTECTING THE AMERICAN PEOPLE AGAINST INVASION

Section 1. Purpose. Over the past 4 years, the previous administration has invited, managed, and overseen an unprecedented flow of illegal immigration into the United States. Millions of illegal aliens have crossed our borders or been allowed to fly directly into the United States on commercial flights and allowed to settle in American communities, in violation of longstanding federal laws.

Many of these aliens, illegally present in the United States, pose significant threats to national security and public safety, committing vile and heinous acts against innocent Americans. Others are involved in hostile activities, including espionage, economic espionage and preparations for terrorist activities. Many have abused the generosity of the American people, and their presence in the United States has cost taxpayers billions of dollars at the federal, state and local levels.

Enforcing our nation's immigration laws is critically important to the national security and public safety of the United States. The American people deserve a federal government that puts their interests first, and a government that understands its sacred obligation to prioritize the safety, security, and financial and economic well-being of Americans.

This order ensures that the federal government protects the American people by faithfully enforcing the immigration laws of the United States.

Section 2. Policy. It is the policy of the United States to faithfully enforce the immigration laws against all inadmissible and removable aliens, especially those who threaten the safety or security of the American people. In addition, it is the policy of the United States to achieve full and efficient enforcement of these laws, including through legal incentives and detention capabilities.

Section 3. Faithful Enforcement of Immigration Laws. To promote the policies described in section 2 of this order:

(a) Executive Order 13993 of January 20, 2021 (Review of Civil Immigration Enforcement Policies and Priorities), Executive Order 14010 of February 2, 2021 (Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration in North and Central America, and Provide Safe and Orderly Processing for Asylum Seekers at the United States Border), Executive Order 14011 of February 2, 2021 (Establishing the Interagency Task Force on Family Reunification), and Executive Order 14012 of February 2, 2021 (Restoring Confidence in Our Immigration Legal Systems and Strengthening Integration and Inclusion Efforts for New Americans) are revoked; and

(b) Executive departments and agencies (agencies) shall take all appropriate actions to expeditiously revoke all memoranda, guidance, or other policies based on the Executive Orders revoked in section 3(a) of this order and employ all lawful means to ensure faithful enforcement of the immigration laws of the United States against all inadmissible and removable aliens.

Sec. 4. Civil Enforcement Priorities. The Secretary of Homeland Security shall take all appropriate actions to enable the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, and the Director of U.S. Citizenship and Immigration Services to set priorities for their agencies that protect the public safety and national security interests of the American people, including ensuring the successful enforcement of final orders of removal. In addition, the Secretary of Homeland Security shall ensure that the primary mission of the Homeland Security Investigations division of U.S. Immigration and Customs Enforcement is the enforcement of the provisions of the INA and other federal laws relating to the illegal entry and unlawful presence of aliens in the United States and the enforcement of the purposes of this order.

Sec. 5. Criminal Enforcement Priorities. The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security, shall take all appropriate actions to prioritize the prosecution of crimes related to the unauthorized entry or continued unauthorized presence of aliens in the United States.

Sec. 6. Federal Homeland Security Task Forces. (a) The Attorney General and the Secretary of Homeland Security shall take all appropriate actions to jointly establish Homeland Security Task Forces (HSTFs) in every state in the country.

(b) The composition of each HSTF shall be subject to the direction of the Attorney General and the Secretary of Homeland Security, but shall include representation from any other federal law enforcement agencies, or agencies with the capability to provide logistical, intelligence, and operational support to HSTFs, and shall also include representation from relevant state and local law enforcement agencies. The heads of all Federal agencies shall take all appropriate actions to provide support to the Attorney General and the Secretary of Homeland Security to ensure that the HSTFs accomplish the purposes of subsection (c) of this section, and any other lawful purpose that accomplishes the purposes of this order.

(c) The purpose of each HSTF is to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, to dismantle human trafficking and smuggling networks at the borders, to end the scourge of human trafficking and smuggling, with a particular focus on crimes involving children, and to ensure the use of all lawful means of law enforcement to faithfully execute the immigration laws of the United States.

(d) The Attorney General and the Secretary of Homeland Security shall take all appropriate actions to provide an operational command center to coordinate the activities of the HSTFs and provide necessary support, and shall also take all appropriate actions to provide supervisory direction to their activities, as necessary.

Section 7. Identification of Unregistered Illegal Immigrants. The Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall take all appropriate actions to:

(a) Immediately announce and disseminate information regarding the legal obligation of all previously unregistered immigrants in the United States to comply with the requirements of part VII of subchapter II of chapter 12 of title 8 of the United States Code;

(b) Ensure that all immigrants not previously registered in the United States comply with the requirements of part VII of subchapter II of chapter 12 of title 8 of the United States Code; and

(c) Ensure that failure to comply with the legal obligations of part VII of subchapter II of chapter 12 of title 8 of the United States Code is treated as a priority for civil and criminal enforcement.

Section 8. Civil Fines and Penalties. (a) The Secretary of Homeland Security, in coordination with the Secretary of the Treasury, shall take all appropriate actions to ensure the assessment and collection of all fines and penalties that the Secretary of Homeland Security is authorized by law to assess and collect from immigrants unlawfully present in the United States, including those who have unlawfully entered or attempted to unlawfully enter the United States, and from those who facilitate the presence of such immigrants in the United States.

(b) Within 90 days of the date of this order, the Secretary of the Treasury and the Secretary of Homeland Security shall submit a report to the President on progress in implementing the requirements of this section and recommend any additional actions that may be necessary to achieve its objectives.

Section 9. Efficient Removals of Newcomers and Other Immigrants. The Secretary of Homeland Security shall take all appropriate actions under section 235(b)(1)(A)(iii)(I) of the INA (8 U.S.C. 1225(b)(1)(A)(iii)(I)) to apply, in his sole and nonreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to immigrants designated under section 235(b)(1)(A)(iii)(II). In addition, the Secretary of Homeland Security shall immediately take appropriate actions to use all other provisions of the immigration laws or any other Federal law, including, but not limited to, sections 238 and 240(d) of the INA (8 U.S.C. 1228 and 1229a(d)), to ensure the efficient and expeditious removal of immigrants from the United States.

Section 10. Detention Facilities. The Secretary of Homeland Security shall immediately take all appropriate actions and allocate all legally available resources or enter into contracts to construct, operate, control, or use facilities to detain removable immigrants. The Secretary of Homeland Security, in addition, will take all appropriate actions to ensure the detention of immigrants apprehended for immigration law violations pending the outcome of their removal proceedings or their removal from the country as permitted by law.

Section 11. Federal-State Agreements. To ensure that State and local law enforcement agencies throughout the United States can assist in the protection of the American people, the Secretary of Homeland Security shall, to the maximum extent permitted by law and with the consent of State or local officials, take appropriate actions through agreements under section 287(g) of the INA (8 U.S.C. 1357(g)) or otherwise, to authorize State and local law enforcement authorities, as the Secretary of Homeland Security determines to be qualified and appropriate, to perform the functions of immigration officers relating to the investigation, apprehension, or detention of immigrants in the United States under the direction and supervision of the Secretary of Homeland Security. Such authorization shall be in addition to, and not in lieu of, the federal performance of those functions. To the extent permitted by law, the Secretary of Homeland Security may structure each agreement under section 287(g) of the INA (8 U.S.C. 1357(g)) in a manner that provides the most effective model for the enforcement of federal immigration laws in that jurisdiction.

Section 12. Encouraging Voluntary Compliance with the Law. The Secretary of Homeland Security shall take all appropriate actions, in coordination with the Secretary of State and the Attorney General, and subject to appropriate sureties, bonds, and any other lawful measure, to adopt policies and procedures to encourage immigrants unlawfully present in the United States to leave the country voluntarily as soon as possible, including expanded use of the provisions of section 240B of the INA (8 U.S.C. 1229c), international agreements or assistance, or any other measures that encourage immigrants illegally present in the United States to leave the country as expeditiously as possible, including through the removal of immigrants as provided by section 250 of the INA (8 U.S.C. 1260).

Section 13. Recalcitrant Countries. The Secretary of State and the Secretary of Homeland Security shall take all appropriate actions to:

(a) Cooperate and effectively implement, as appropriate, the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), with the Secretary of State, to the fullest extent permitted by law, ensuring that diplomatic efforts and negotiations with foreign states include the acceptance by foreign states of their nationals who are subject to removal from the United States; and

(b) Eliminate all documentary barriers, delaying tactics, or other restrictions that impede the expeditious repatriation of immigrants to any foreign state. Any failure or delay by a foreign state to verify the identity of a national of that state shall be considered in the implementation of subsection (a) of this section and shall also be considered with respect to the issuance of any other sanctions that may be available to the United States.

Section 14. Visa Sureties. The Secretary of the Treasury shall take all appropriate actions, in coordination with the Secretary of State and the Secretary of Homeland Security, to establish a system to facilitate the administration of all surety bonds that the Secretary of State or the Secretary of Homeland Security may lawfully require to administer the provisions of the INA.

Section 15. Reestablishing the VOICE Office and Serving Victims of Crimes Committed by Immigrants Subject to Removal. The Secretary of Homeland Security shall direct the Director of U.S. Immigration and Customs Enforcement (ICE) to take all appropriate and lawful actions to reestablish within ICE an office to provide proactive, timely, appropriate, and professional services to victims of crimes committed by removable immigrants, and to the family members of such victims. The Attorney General will also ensure that the provisions of 18 U.S.C. 3771 are followed in all federal prosecutions involving crimes committed by removable immigrants.

Section 16. Addressing Actions of the Previous Administration. The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall immediately take all appropriate actions, consistent with law, to rescind the policy decisions of the previous administration that resulted in the increased or continued presence of illegal immigrants in the United States, and shall align all departmental activities with the policies established by this order and the immigration laws. Such actions shall include, but are not limited to:

(a) Ensuring that the authority to grant permission (parole) under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis, in accordance with the plain language of the statute, and in all circumstances only when an individual immigrant demonstrates urgent humanitarian reasons or a significant public benefit arising from his or her continued presence in the United States on the basis of such permission;

(b) Ensure that Temporary Protected Status designations comply with the provisions of section 244 of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only as long as necessary to fulfill the textual requirements of that statute; and

(c) Ensure that employment authorization is provided in accordance with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not granted to any unauthorized immigrant in the United States.

Section 17. Sanctuary Jurisdictions. The Attorney General and the Secretary of Homeland Security shall, to the maximum extent possible under law, evaluate and take any lawful actions to ensure that so-called "sanctuary jurisdictions," which seek to interfere with the lawful exercise of federal law enforcement operations, do not receive access to federal funds. In addition, the Attorney General and the Secretary of Homeland Security will evaluate and take any other legal actions, criminal or civil, that they deem necessary based on the practices of any jurisdiction that interferes with federal law enforcement.

Section 18. Information Sharing. (a) The Secretary of Homeland Security shall take immediate steps to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644, and to ensure that state and local governments are provided with the information necessary to comply with statutory requirements for verification of immigration or citizenship status; and

(b) The Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall take all appropriate actions to prevent the trafficking and smuggling of immigrant children into the United States, including sharing information necessary to help achieve this goal.

Section 19. Review of Funds. The Attorney General and the Secretary of Homeland Security shall:

(a) Promptly review and, if appropriate, audit all contracts, grants, or other agreements that provide federal funding to nongovernmental organizations that support or provide services, directly or indirectly, to removable or illegal immigrants, to ensure that such agreements comply with applicable law and are free from waste, fraud, and abuse, and that they do not promote or facilitate violations of our immigration laws;

(b) Suspend the distribution of all subsequent funds pursuant to such agreements pending the results of the review in paragraph (a) of this section;

(c) Terminate all agreements found to be in violation of law or sources of waste, fraud, or abuse and prohibit any future such agreements;

(d) Coordinate with the Director of the Office of Management and Budget to ensure that no funding for settlements described in subsection (c) of this section is included in any request for funds for the Department of Justice or the Department of Homeland Security; and

(e) Initiate recovery or reimbursement procedures, if appropriate, for any agreements described in paragraph (c) of this section.

Section 20. Denial of Public Benefits to Illegal Immigrants. The Director of the Office of Management and Budget shall take all appropriate actions to ensure that all agencies identify and stop the provision of public benefits to any illegal immigrant not authorized to receive them under the provisions of the INA or other relevant statutory provisions.

Section 21. Employment of Additional Agents and Officers. Subject to available appropriations, the Secretary of Homeland Security, through the Commissioner of U.S. Customs and Border Protection and the Director of ICE, shall take all appropriate actions to significantly increase the number of agents and officers available to perform the functions of immigration officers.

Section 22. Severability. It is the policy of the United States to enforce this order to the maximum extent practicable to promote the interests of the United States. Therefore:

(a) If any provision of this order, or the application of any provision to any person or circumstance, is held invalid, the remainder of this order and the application of its other provisions to any other person or circumstance shall not be affected;

(b) If any provision of this order, or the application of any provision to any person or circumstance, is found to be invalid due to failure to comply with certain procedures, the relevant executive officials shall implement the necessary procedural requirements for compliance with existing law and any applicable court orders.

Section 23. (a) Nothing in this order shall be construed to prejudice or 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 in accordance with applicable law and subject to the availability of funds.

(c) This order is not intended to create or creates any right or benefit, substantive or procedural, enforceable 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 20, 2025.