About the executive order
Jet lag is wonderful. You're up in the middle of the night. Mind is working, but not much to do. Turning on the news did not help me sleep.
So, I've decided that the little bit I can do is to invest the time to go past the headlines. I believe facts matter. And if they matter, then I owe them the courtesy of looking into them. So, now that we're all riled up about the executive order. Let's look at it what it actually says.
First, a word about what executive orders are - and here, I'm going to wikipedia (with some editing for brevity and clarity).
United States presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant to Acts of Congress that explicitly delegate to the President some degree of discretionary power.
Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes.
So, in other words, Executive Orders are not laws, they are instructions to various departments as to how to interpret and enforce laws, where the president feels the need to be explicit. (Or they can be the same as laws, if they are in regard to an issue specifically delegated to the president or on behalf of an agency which has been given regulatory control.)
Before reading this, keep in mind a couple of things: I did write this while jet lagged and I'm not a lawyer or expert. But then, I suppose the people who wrote the exec order weren't either.
So, what law did the new President wish to ensure the departments (in this case, Homeland Security and State) were clear on how to enforce? (You'll see my notes in brackets and bold.)
THE WHITE HOUSE Office of the Press Secretary For Immediate Release January 27, 2017 EXECUTIVE ORDER - - - - - - - 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.
[NOTE: OF THE 19 SEPTEMBER 11 HIJACKERS, 15 WERE FROM SAUDI ARABIA, TWO FROM THE UNITED ARAB EMIRATES, ONE FROM EGYPT AND ONE FROM LEBANON. NONE OF THOSE COUNTRIES IS ON THE BANNED LIST. COOL, IT COULD BE THAT THOSE COUNTRIES HAVE BEEN UNDER SUCH SCRUTINY, THAT THEY DO NOT REPRESENT A CURRENT THREAT. OF COURSE, THERE'S NO MENTION OF HOW THE BANNED COUNTRIES WERE CHOSEN.]
Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program.
[NOTE: JAMAICA, PAKISTAN, RUSSIA, KYRGYZSTAN, KUWAIT, IRAN, SAUDI ARABIA (WHOOPS, THERE IT IS AGAIN), KENYA, AFGHANISTAN, SOMALIA. THOSE ARE THE BIRTH COUNTRIES OF 11 PERPETRATORS OF ACTS OF TERRORISM ON US SOIL SINCE SEPT 11. BY CONTRAST, 20 NATURAL-BORN AMERICANS COMMITTED ACTS OF TERRORISM IN THE SAME TIME SPAN.]
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.
[NOTE: NO FACTS ARE USED TO BACK UP THIS ASSERTION. IT SEEMS MORE LIKELY THAT THOSE TERRORISTS WOULD FLEE TO NEARER COUNTRIES. OR STAY, WHERE THE CHAOS WILL ALLOW THEM TO SET UP THE ISLAMIC STATES THAT ARE THEIR PURPORTED GOAL.]
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.
[SOUNDS GOOD. "SUPPORT THE CONSTITUTION" MIGHT BE A TOUGH LITMUS TEST. I MEAN, IF THEY SUPPORT THE 2ND AMENDMENT, THEY MAY NOT BE GOOD CANDIDATES. . .]
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.
[(I'M GUESSING IT MEANS THE "US FEDERAL GOVERNMENT", BUT LET'S JUST GO WITH IT) WELL, THANK GOD. I THOUGHT IT WAS THE POLICY OF THE UNITED STATES TO SUBJECT ITS CITIZENS TO TERRORIST ATTACKS.]
Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. (a) The Secretary of Homeland 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 publicsafety 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 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 Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G- 4 visas).
[SEE, NOW THIS IS THE PART THAT I DON'T GET. IF THIS WAS A TOP PRIORITY, THEN PERFORM THE REVIEW AS NOTED HERE. TOTALLY, WITHIN THE NEW ADMINISTRATION'S RIGHTFUL PURVIEW TO REVIEW POLICIES OF PREVIOUS ADMINS THAT THEY MAY DISAGREE WITH. THAT'S THE POINT OF THE ELECTION. BUT, THE RATIONALE FOR STOPPING ALL IMMIGRATION FOR 90 DAYS - TO BUY THEM TIME TO DO A REVIEW? SERIOUSLY? THEY CAN'T WALK AND CHEW GUM AT THE SAME TIME? DO YOU THINK THE BAD GUYS ARE LOADING UP, BECAUSE THEY KNOW TRUMP IS IN CHARGE NOW, SO THEY BETTER GET IN BEFORE THE GATES CLOSE? WHY NOT JUST ISSUE THE ORDER, PERFORM THE EVALUATION AND MAKE THE CHANGES? SERIOUSLY, IT WOULD HAVE BEEN LESS OF A SIGNAL TO ACTUAL TERRORIST (FORGET "SIGNAL", LET'S JUST GO WITH "RECRUITING TOOL"). UNLESS, THERE WAS A NEED TO SEND A MESSAGE TO THE PEOPLE WHO VOTED FOR HIM. BUT, I WOULD SAY THAT THE VOTE WAS STRICTLY A CRY FROM THE WILDERNESS FROM PEOPLE WHO WERE LEFT OUT OF THE GLOBAL ECONOMY. HOW DOES THIS HELP THEM?]
(d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary 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 Secretary 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 recommended for similar treatment.
[OH, CHECK HIM OUT, IF YOU DON'T PROVIDE US WITH DATA ABOUT YOUR CITIZENS, YOU'RE FIRED. GOOD TO KNOW. BECAUSE OBVIOUSLY THIS WILL RESULT IN THE US GETTING GOOD DATA. THREATS WORK WELL THAT WAY.]
(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 orderwithin 30 days of the date of this order, a second report within 60 daysof 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 Programs. (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 documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant's likelihood of becoming a positively contributing 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 Admissions 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 admission 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.
[SO, AWESOME. LOCK OUT REFUGEES FOR 120 DAYS WHILE THE DEPARTMENTS GET THEIR SHIT IN ORDER. THEN, MAYBE, WE'LL LET YOU IN. BUT IF WE CAN'T GET OUR SHIT TOGETHER, WE MAY JUST NOT LET YOU IN. EVER.]
(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.
[AH, I GET IT NOW. "PRIORITIZE" RELIGIOUS-BASED PERSECUTION ON THE BASIS OF THE RELIGION BEING A MINORITY IN THE COUNTRY. AND ALL THE COUNTRIES ARE MUSLIM MAJORITY. I WONDER WHAT CONSTITUTES A "RELIGION" IN THIS TEXT. I MEAN, WOULD A SUNNI COUNT AS A MINORITY IN IRAQ?]
(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.
[BOOM. FUCK YOU SYRIA. YOU'RE ALL TERRORISTS. STAY WHERE YOU ARE. OR IF YOU NEED TO LEAVE, I'M SURE RUSSIA HAS ROOM. SERIOUSLY, THOUGH, IS THE IDEA THAT IF WE GIVE PEOPLE NO CHOICE BUT TO BECOME A TERRORIST, THEN THEY'LL REALIZE THE ERROR OF THEIR WAYS?]
(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.
[50,000 SEEMS PRETTY ARBITRARY. BUT, I'M SURE THAT THERE'S GOOD SCIENCE BEHIND THE SELECTION OF THAT NUMBER.]
(e) Notwithstanding the temporary suspension imposed pursuant to subsection (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. (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 jurisdictions 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 EntryExit Tracking System.
[UH-OH. THEY BEST NOT SCREW WITH MY CLEAR PASS.]
(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 Terrorist Attacks Upon the United States.
[OH. OK.]
(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 submittedwithin 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. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
[GOT IT. THIS IS A JOBS PROGRAM. I MEAN HOW MANY MORE INS OFFICIALS ARE WE GOING TO NEED TO BE ABLE TO CONDUCT THESE INTERVIEWS?]
(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 Fellows, 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.
[COOL. LET'S GET LESS-QUALIFIED LINGUISTS SNIFFING OUT WHETHER SOMEONE IS LYING.]
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements 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 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.
[WELL, THIS GOT BURIED IN THERE. SO, FOR EVERYONE ELSE, IF THE ADMINISTRATION DOESN'T FEEL THAT THE AGREEMENTS ARE "TRULY RECIPROCAL", THEY'LL CHANGE THE VISAS. FOLKS ON CURRENT VISAS BETTER WATCH THIS SPACE. HMM, NO TIMELINE ON THIS ONE.]
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: (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 organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;
[OH, COOL. THE INNOCENT UNTIL PROVEN GUILTY THING NOT IMPORTANT. LET'S PUBLICIZE HOW MANY TIMES PEOPLE WERE CHARGED WITH TERRORISM-RELATED OFFENSES (NOT DESCRIBED HERE WHAT THAT INCLUDES.) THAT IS IN NO WAY MEANT TO FLAME THE FIRES OF FEAR. NOR WILL IT IN ANYWAY CREATE INCENTIVES FOR AGENCIES TO MAKE MORE TERRORISM-RELATED ARRESTS OR ADD IN THOSE CHARGES. AND OF COURSE, THERE WILL BE NO PRESSURE TO CONVICT THESE PEOPLE WHEN THE REPORT MAKES IT LOOK LIKE ALL OF THESE IMPROPERLY ARRESTED PEOPLE ARE GETTING OFF SCOTT FREE.]
(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 terrorismrelated 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
[LISTEN UP WOMEN'S MARCH-ERS. TOTALLY GOING TO GET INFO ON THE NUMBER AND TYPES OF ACTS OF GENDER-BASED VIOLENCE AGAINST WOMEN. NOT THE NAMES OF THE PEOPLE, JUST, YOU KNOW, WANT TO KNOW IF IT'S A BIG DEAL.]
(iv) any other information relevant to public safety and security as determined 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.
[BEAUTIFUL. THEY GET A YEAR TO FIGURE OUT HOW MUCH IT'S GOING TO COST (BUT 4 MONTHS TO GET IT WORKING. SECURITY IS PRICELESS. PARANOIA IS FREAKING EXPENSIVE.]
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. (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. DONALD J. TRUMP THE WHITE HOUSE, January 27, 2017. # # #