EXECUTIVE ORDER by the authority vested in ne ap President by the Constitution and the Lana of th United States of America, including the Immigration and Nationality Act (@ U.S.C. 1101 et seg.) (INA), the Secure Fence Act of 2006 (Public Law 109-367) (Secure Fence Act), and the T1legal immigration Reform end Immigrant Responsibility Act of 1996 (Public Law 104-208 Div. C) (TIRIRA), and in onde’ to enguce the aafety and territorial integrity of the United States ca well aa to ensure that the Kation'a inaigration Lawa aro faithfully xacuted, I hereby order 20 follow Section 1. Purpose. order aceucity is eriticelly important to the national security of the United states. Aliens who Anlegally eater the United States without inspection or admasion preseat a significant threat to aational security and public safety. "Such aliens nave not been identifies or inspected by Federal immigration officers to determine their admissibility to the United states. The recent auzge of iilegsl immigration at the southern norder with Mexico has placed a significance strain on Federal sesources and overwhelmed agencies chacged with border security ead innigeation enforeenent, ea well as the local communities into which many of the aliens are placed. Transnational criminal organizations operate sophisticated drug- and hunan-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violest erine ana United States deaths fr Gangesoue deugs. Anong those who’ {liegally enter ase those who aeek to hase hhwvicans enough acta of texser or esiminal conduct. Contiued iliegai immigration presents a clear and prosont danger to the intoreste of the United States. on lew both imposes the ceeponeibility and provides the means for the Federal Government, in cooperation With border states, to secure the Nation's southern border. Although Federal immigration law provides a robust Franowork for Federal-state partnership in enforcing our immigration laws ~~ and the Congress has authorized and provided appropriations to secure our borders ~~ the Federal Governnont has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive cepertnenta and agencies (agencies) to deploy 411 Laufsi means to secure the Kation's southern boudex, to puevent fustner illegal inaigvation into the United States, and to vepatsiate Jilegal aliens aviftly, consistestiy, ana homenely. Sec. 2. Policy. It is the policy of the executive branch tor (a) secure the southern border of the United States through the immediate construction of a physical wall on tho southora (©)_ detain individuals approhended on suspicion of violating Federsi or State law, including Federal immigration 1 fc] expedite determinations of spprohendod individuals’ clains of eligibility to romain in the United state: (3) remove promptly those individuals whose lege] elaine to cemain in the United States hove heen lawfully rejected, efter any appropeiate civil or cfiminal sanctions have been imposed and (o) coeperete fully with States and locel law enfocconent in enacting Federai-state partnerships to enforce Federal innigeation priorities, as vell as State monitoring and detention progcans that ere consistent with Eedezel law and do not Undermine Federal inmigeation priccities.Sec. 3. Definitions. (a) "Aeylum officer" has the meaning given the term in section 235 (b) (1) (8) of the INA (@ U.S.C. 12280) ))- (b) "Bouthers hordes" shall mean the contiguous land border betwen the United States and Mexico, including ail pointe of (c)_ "Border States" shall nasa the Stat (a) Except a6 othorwise noted, “the Secretary" shall refer to the Secretary of Homeland Security. (e) "Wail" anall mean 2 contiguous, physical wall of ather ainilarly accuse, contiguous, and inpasaable physical hereier, (£) "Executive Gepartrent® snail have the meaning given in section 101 of title 5, United states Code. (g) "Regulations sh 11 mean any and all Federal zules, regulations, end directives lawfully promuigated by agencies. (5) "Opezationsi sontesi" shalt mean the prevention of all unlawful entries into the United states, including entries by terrorists, sther unlawful aliens, instruments of Lesorien, narcotics, and other contraband. . 4. Physical Security of the Southern Sonder of the United States, The Secretary shall inmediately take the following stops to obtain complete operational control, as determined by the Secretary, of the southern border: (a) 1 accordance with existing law, including the Secure Fence Act and IIRIRA, take all apprepriate steps to innediately plan, design, and construct a piysical wail along the southern border, using appropriate materials and technology to most (b)_Téontify and, to the extent permitted by 1am, allocate all sources of Federal funds for the planning, designing, and constrscting of a physics! weil slong the sostnorn border? (c)_ Project and develop leag-term funding requirements for the wall, including preparing Congressional budgat zequeste for the ourront and upcoming fiseal yearos 20d (a) Produce @ comprehensive study of the security of the southern border, to be completed within 180 days of thie order, that shall include the cuzzent state of southera border security, all geophysical and topographical aspects of the southera border, the availability of Federal and State resources necessary to achieve complete operational contro of the scutnern border, shea strategy to abtain and maintain complete sperations: control sf the soushern bordes: See. 9. Detention fgcilities, (a) the Seceetexy enall take all appiepsiate action ang allocate all legally available resources to immediately constract, operate, control, or establish contracts to construct, operate, oF control facilities to Gotein aliens at or near the lend border with Mexico. (b) the Secretary shall take all apprepeiate action and allocate all legally available resouroas to innediately assiga asylum officers to Immigration detention facilities for the purgose of accopting acylun referrais and conducting credible fear Seterminations pursuant to section 235(b) (1) of the INA (G UsS.C. 2225(b) [11] aad applicable regulations ena reasonable fear Seteeninations purovaat te applicable regulations (ef, saa Roy OMaees' sia aka ALY aipietesiate|nGETaA SEA GIeeatS AI 1a5LIDy avaLIGhIS wensiecen eo|teeERTY assign innigeetion juuges to inrigration detention facilitice operated or controlled by the Secretacy, oz operated oz contzolled ursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, caapter 12, cabchanbec, £0: Batted, Bates, fade,ba relia ageing Acris cel uagina daily a ec tine eater mae raat oath ang rioerpel of aliens apprehended for violations of inmigration law pending the outcome of their renovai proceedings or their renoval fron the country to the extent pornitted by law. ‘Tho Secretary shall issue new policy guidance to ali Department of Honeland Security the practice commonly known 28 "eatoh and release,” whereby allens are routinely released in the United States shortly after their apprchenion for violations of immigration law. Sec. 7. Return to Tezritory. The Secretary shell take appropriate action, consistent with the requirements of section 1232 of titie 8, Unites States Coda, to ensure thst aliens described in section 235(b) (2) (C) of the INA (@ U-8.C. 1225(b) (2) (€)) are Soc, 8. Additional order Patrol Agente, Subject to available appropriations, the Secretary, through the Commissioner of is, Castend and Sorder Protection, snsli take 911 sppropriate action to Rize 5,00 adsitional Sorder Patrol agents, and a) appropriate action to engure that such agents enter on duty end ere ansigned to duty stations as soon es is practicable, Sec. 9. Foreign Aid Reporting Requirements. the nesd of exch executive department and agency shall identify ans quantity a11 sgusces of direct and indisect Feseval aid Gr assistance to the Government cf Mexies on an anntel basis over the past five years, including ali bilateral and multilateral development aid, economic assistance, husaniterien ald, end military aid. Withia 30 days of the date of this order, the head of each executive department and agency shail submit this infornation to the Secretary of State. Within 60 dave af the date of thus order, ene Cocratary ansii subnie to che President a consolidated cepoct reflecting the levels of such aid and assistance that has been provided annualty, over each of the pest five years. Sec. 10. Pederai-state Agreonents. Tt is the policy of the executive branch to enpower State and local law enforconent agencies across the countzy to perform the functions of an inaigration officer in the interior of the United States to the Inaximin extent permitted by law. (a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the states, as well as lecal officials, for the purpose of preparing te enter into agreements under section 287(g) of the INA (@- 0.8.6. 1959 (g)) + (2) _To the extent permitted by law, and with the consent of State or local officials, ae appropsiate, the Secretary shall take appropriate action, through agreanante under section 287(g) of tho INA, or otherwise, to authorize State and local law Ofeicere in selation to the investigation, appsehension, oF detention of aliens in the United States under the direction and the Supervision of the Secretary. Such authorization shall be in addition to, rather than in piace of, Federal performance of these fc} To the extent permitted by law, the Secretary nay atructure each agreenent under section 287(g) of the INA in the mennes that. provises the nost effective model for enforcing Federel immigestion laws end obtaining operstional control over the Dondes for that juriaaierson Sec. IL. Baxole, Asylum, and Removal. It is the policy of the executive branch to end the abuse of parole and asylum provisions cursentiy seed to prevent the Tawfsi removel of renoveble ations yylun provisions of Federal (a) the Secretary shall inediately take all appropriate action to ensure that the parole and immigration iaw are not iliegily exploited to prevent the resovel of sthecwise cenovabie alsene (©) the secretary shali take ali appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235 b) (1) of the INA (@ U.S.C. 1125 (6) (0)) and S°c¥R 208.30, and seasonable fear determinations purtuant to € CFR 208.31, ere conducted ina manner consistent with the plain language cf those provision!(c)_ Pursuant to section 235(b) (1) (A) (Li) (Z) of the INA, the Secretary shall take appropriate action to apply, in his sole and unseviousbie ciseretiony ‘the peoviaions of section 235 (p) (2) (A) (2) sna (Ai) of che ThA co the siione designated unces Section 255(B) (2) (A) GLU) GD) (4) The Seexetacy shall take appropeiate setion to ensure that parole authority under section 212.4) (6) of the TKA (@ U.8:c. 1162(4) (5)) 4s exercised cniy on a case-by-case basis in accordance vith ie piain language of the statute, and in aii citeumatencen nly when an inaividuel demonsecates Gegent hunanitacian seanona or a significant pubis heneti secived fom ‘uch parole. (e}_ The Secratary ghall eke appropriate action to sequive that ali Departnant of Homeland Security persennel ace properly. ‘eeainoa on the proper application of section 296 of the Millian Wilberforce feafficking Vistima Protection Reauthorization hot Of 2008 (@ Uls.c. L222) and aaction 462(g) (2) ef the lonaland Secusity Act ef 2002 (6 U.S.C. 279(g) (2h), fe ensure that ‘unaccompanied alien children are properly processed, receive appropriate cave and placanant while in’ tae custody of the Bepsrenent sf Woneland Secsrity, andy when appropriate, are cafely repatriated in accordance with 1a. Authorization to Enter Eodoral Lands. The Secretary, in conjunction with the Secrotary of the Interior and any ‘eke ali appropeicte cecion £0: (al permit all officers and employesr of the United States, ax well as all State and local officers as authorized by the Secretary, te have access to all Federal lands ao seccasary and appropriate to inplenent this order and (b)_ enable those officers and enployees of the United states, as well as all state and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary done neccesary and appropriate to inplenont this order. 13, Relosity Enforcement. the Attorney General shall take all appropriate steps to establish prosecution guideline ‘gers a hign prisrity co prosecutions of offenses having & Beaus to the southern border, Soc. LM. Govorenant Tzenspareney. The Secretary shall, on a aonthiy bacie and in a publicly available way, ceport statistical data on ariens apprehended at or near the sosthefn border using a uniform method of reporting by all Departnent of Roneland Security componenta, in a format thet ia easily understandable by the public. Ses. 15. Reposting. Except aa otherwise provided in this order; the Secretary, within 90 days of the date of this oxde ana the hetoiney General, within 160 days, shall each subait to the Presidest a sepott on the progress of the directives Sec. 16- Hiring. The Office of Personnel Management shal take appropriate action as may be nec: ary to facilitate hiring Sec. 12. Sonexai Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (4) the authority granted by Law to an oxecutive department or agency, or the head thereof? oF (LA) the functions of the Dizector of the Office of Managenent and Budget volating te budgetary, adninistrative, or Tegisistive proposals. (6) This onder shall be implemented consistent with applicable Iaw and subject to the availability of appropriations (c}_ This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law ox in equity by any perty ageiase the Unites Seatac, ita departments, agencies, or entitiag, ita officers, anployecs, or agents, ee eee