[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8443-8448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02006]
Presidential Documents
Federal Register / Vol. 90 , No. 18 / Wednesday, January 29, 2025 /
Presidential Documents
[[Page 8443]]
Executive Order 14159 of January 20, 2025
Protecting the American People Against Invasion
By the authority vested in me as President by the
Constitution and the 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, it is hereby ordered:
Section 1. Purpose. Over the last 4 years, the prior
administration invited, administered, and oversaw an
unprecedented flood of illegal immigration into the
United States. Millions of illegal aliens crossed our
borders or were permitted 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 unlawfully within the United
States present significant threats to national security
and public safety, committing vile and heinous acts
against innocent Americans. Others are engaged in
hostile activities, including espionage, economic
espionage, and preparations for terror-related
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 executing the
immigration laws of the United States.
Sec. 2. Policy. It is the policy of the United States
to faithfully execute the immigration laws against all
inadmissible and removable aliens, particularly those
aliens who threaten the safety or security of the
American people. Further, it is the policy of the
United States to achieve the total and efficient
enforcement of those laws, including through lawful
incentives and detention capabilities.
Sec. 3. Faithful Execution of the Immigration Laws. In
furtherance of the policies described in section 2 of
this order:
(a) Executive Order 13993 of January 20, 2021
(Revision 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, To Manage Migration Throughout
North and Central America, and To Provide Safe and
Orderly Processing of Asylum Seekers at the United
States Border), Executive Order 14011 of February 2,
2021 (Establishment of Interagency Task Force on the
Reunification of Families), and Executive Order 14012
of February 2, 2021 (Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and
Inclusion Efforts for New Americans) are hereby
revoked; and
(b) Executive departments and agencies (agencies)
shall take all appropriate action to promptly revoke
all memoranda, guidance, or other policies based on the
Executive Orders revoked in section 3(a) of this order
and shall employ all lawful means to ensure the
faithful execution of the immigration laws of the
United States against all inadmissible and removable
aliens.
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Sec. 4. Civil Enforcement Priorities. The Secretary of
Homeland Security shall take all appropriate action 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 by
ensuring the successful enforcement of final orders of
removal. Further, the Secretary of Homeland Security
shall ensure that the primary mission of U.S.
Immigration and Customs Enforcement's Homeland Security
Investigations division is the enforcement of the
provisions of the INA and other Federal laws related 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 action to prioritize the prosecution of
criminal offenses 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 action to jointly establish
Homeland Security Task Forces (HSTFs) in all States
nationwide.
(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 agencies with law
enforcement officers, or agencies with the ability to
provide logistics, intelligence, and operational
support to the HSTFs, and shall also include
representation from relevant State and local law
enforcement agencies. The heads of all Federal agencies
shall take all appropriate action to provide support to
the Attorney General and the Secretary of Homeland
Security to ensure that the HSTFs fulfill the
objectives in subsection (c) of this section, and any
other lawful purpose that fulfills the policy
objectives of this order.
(c) The objective of each HSTF is to end the
presence of criminal cartels, foreign gangs, and
transnational criminal organizations throughout the
United States, dismantle cross-border human smuggling
and trafficking networks, end the scourge of human
smuggling and trafficking, with a particular focus on
such offenses involving children, and ensure the use of
all available law enforcement tools to faithfully
execute the immigration laws of the United States.
(d) The Attorney General and the Secretary of
Homeland Security shall take all appropriate action to
provide an operational command center to coordinate the
activities of the HSTFs and provide such support as
they may require, and shall also take all appropriate
action to provide supervisory direction to their
activities as may be required.
Sec. 7. Identification of Unregistered Illegal Aliens.
The Secretary of Homeland Security, in coordination
with the Secretary of State and the Attorney General,
shall take all appropriate action to:
(a) Immediately announce and publicize information
about the legal obligation of all previously
unregistered aliens in the United States to comply with
the requirements of part VII of subchapter II of
chapter 12 of title 8, United States Code;
(b) Ensure that all previously unregistered aliens
in the United States comply with the requirements of
part VII of subchapter II of chapter 12 of title 8,
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, United States Code, is treated as a civil
and criminal enforcement priority.
Sec. 8. Civil Fines and Penalties. (a) The Secretary of
Homeland Security, in coordination with the Secretary
of Treasury, shall take all appropriate action to
ensure the assessment and collection of all fines and
penalties
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that the Secretary of Homeland Security is authorized
by law to assess and collect from aliens unlawfully
present in the United States, including aliens who
unlawfully entered or unlawfully attempted to enter the
United States, and from those who facilitate such
aliens' presence 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
regarding their progress implementing the requirements
of this section and recommending any additional actions
that may need to be taken to achieve its objectives.
Sec. 9. Efficient Removals of Recent Entrants and Other
Aliens. The Secretary of Homeland Security shall take
all appropriate action, pursuant to section
235(b)(1)(A)(iii)(I) of the INA (8 U.S.C.
1225(b)(1)(A)(iii)(I)), to apply, in her sole and
unreviewable discretion, the provisions of section
235(b)(1)(A)(i) and (ii) of the INA to the aliens
designated under section 235(b)(1)(A)(iii)(II).
Further, the Secretary of Homeland Security shall
promptly take appropriate action 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 expedited removal of aliens
from the United States.
Sec. 10. Detention Facilities. The Secretary of
Homeland Security shall promptly take all appropriate
action and allocate all legally available resources or
establish contracts to construct, operate, control, or
use facilities to detain removable aliens. The
Secretary of Homeland Security, further, shall take all
appropriate actions to ensure the detention of aliens
apprehended for violations of immigration law pending
the outcome of their removal proceedings or their
removal from the country, to the extent permitted by
law.
Sec. 11. Federal-State Agreements. To ensure State and
local law enforcement agencies across the United States
can assist with 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 as appropriate, take
appropriate action, through agreements under section
287(g) of the INA (8 U.S.C. 1357(g)) or otherwise, to
authorize State and local law enforcement officials, as
the Secretary of Homeland Security determines are
qualified and appropriate, to perform the functions of
immigration officers in relation to the investigation,
apprehension, or detention of aliens in the United
States under the direction and the supervision of the
Secretary of Homeland Security. Such authorization
shall be in addition to, rather than in place of,
Federal performance of these duties. 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 the manner that provides
the most effective model for enforcing Federal
immigration laws in that jurisdiction.
Sec. 12. Encouraging Voluntary Compliance with the Law.
The Secretary of Homeland Security shall take all
appropriate action, in coordination with the Secretary
of State and the Attorney General, and subject to
adequate safeguards, assurances, bonds, and any other
lawful measure, to adopt policies and procedures to
encourage aliens unlawfully in the United States to
voluntarily depart as soon as possible, including
through enhanced usage of the provisions of section
240B of the INA (8 U.S.C. 1229c), international
agreements or assistance, or any other measures that
encourage aliens unlawfully in the United States to
depart as promptly as possible, including through
removals of aliens as provided by section 250 of the
INA (8 U.S.C. 1260).
Sec. 13. Recalcitrant Countries. The Secretary of State
and the Secretary of Homeland Security shall take all
appropriate action 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 maximum extent permitted by law, ensuring
that diplomatic
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efforts and negotiations with foreign states include
the foreign states' acceptance of their nationals who
are subject to removal from the United States; and
(b) Eliminate all documentary barriers, dilatory
tactics, or other restrictions that prevent the prompt
repatriation of aliens 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 carrying out subsection (a) this section,
and shall also be considered regarding the issuance of
any other sanctions that may be available to the United
States.
Sec. 14. Visa Bonds. The Secretary of Treasury shall
take all appropriate action, in coordination with the
Secretary of State and the Secretary of Homeland
Security, to establish a system to facilitate the
administration of all bonds that the Secretary of State
or the Secretary of Homeland Security may lawfully
require to administer the provisions of the INA.
Sec. 15. Reestablishment of the VOICE Office and
Addressing Victims of Crimes Committed by Removable
Aliens. The Secretary of Homeland Security shall direct
the Director of U.S. Immigration and Customs
Enforcement (ICE) to take all appropriate and lawful
action to reestablish within ICE an office to provide
proactive, timely, adequate, and professional services
to victims of crimes committed by removable aliens, and
those victims' family members. The Attorney General
shall also ensure that the provisions of 18 U.S.C. 3771
are followed in all Federal prosecutions involving
crimes committed by removable aliens.
Sec. 16. Addressing Actions by the Previous
Administration. The Secretary of State, the Attorney
General, and the Secretary of Homeland Security shall
promptly take all appropriate action, consistent with
law, to rescind the policy decisions of the previous
administration that led to the increased or continued
presence of illegal aliens in the United States, and
align any and all departmental activities with the
policies set out by this order and the immigration
laws. Such action should include, but is not limited
to:
(a) ensuring that the parole authority under
section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is
exercised on only a case-by-case basis in accordance
with the plain language of the statute, and in all
circumstances only when an individual alien
demonstrates urgent humanitarian reasons or a
significant public benefit derived from their
particular continued presence in the United States
arising from such parole;
(b) ensuring that designations of Temporary
Protected Status are consistent 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 so long as may be necessary to fulfill
the textual requirements of that statute; and
(c) ensuring that employment authorization is
provided in a manner consistent with section 274A of
the INA (8 U.S.C. 1324a), and that employment
authorization is not provided to any unauthorized alien
in the United States.
Sec. 17. Sanctuary Jurisdictions. The Attorney General
and the Secretary of Homeland Security shall, to the
maximum extent possible under law, evaluate and
undertake 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.
Further, the Attorney General and the Secretary of
Homeland Security shall evaluate and undertake any
other lawful actions, criminal or civil, that they deem
warranted based on any such jurisdiction's practices
that interfere with the enforcement of Federal law.
Sec. 18. Information Sharing. (a) The Secretary of
Homeland Security shall promptly issue guidance 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 ensure that State and local
governments are provided with the information necessary
to fulfill law enforcement, citizenship, or immigration
status verification requirements authorized by law; and
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(b) The Attorney General, the Secretary of Health
and Human Services, and the Secretary of Homeland
Security shall take all appropriate action to stop the
trafficking and smuggling of alien children into the
United States, including through the sharing of any
information necessary to assist in the achievement of
that objective.
Sec. 19. Funding Review. The Attorney General and the
Secretary of Homeland Security shall:
(a) Immediately review and, if appropriate, audit
all contracts, grants, or other agreements providing
Federal funding to non-governmental organizations
supporting or providing services, either directly or
indirectly, to removable or illegal aliens, to ensure
that such agreements conform to applicable law and are
free of waste, fraud, and abuse, and that they do not
promote or facilitate violations of our immigration
laws;
(b) Pause distribution of all further funds
pursuant to such agreements pending the results of the
review in subsection (a) of this section;
(c) Terminate all such agreements determined to be
in violation of law or to be sources of waste, fraud,
or abuse and prohibit any such future agreements;
(d) Coordinate with the Director of the Office of
Management and Budget to ensure that no funding for
agreements described in subsection (c) of this section
is included in any appropriations request for the
Department of Justice or the Department of Homeland
Security; and
(e) Initiate clawback or recoupment procedures, if
appropriate, for any agreements described in subsection
(c) of this section.
Sec. 20. Denial of Public Benefits to Illegal Aliens.
The Director of the Office of Management and Budget
shall take all appropriate action to ensure that all
agencies identify and stop the provision of any public
benefits to any illegal alien not authorized to receive
them under the provisions of the INA or other relevant
statutory provisions.
Sec. 21. Hiring More 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 U.S. Immigration
and Customs Enforcement, shall take all appropriate
action to significantly increase the number of agents
and officers available to perform the duties of
immigration officers.
Sec. 22. Severability. It is the policy of the United
States to enforce this order to the maximum extent
possible to advance the interests of the United States.
Accordingly:
(a) If any provision of this order, or the
application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of its other provisions
to any other persons or circumstances shall not be
affected thereby; and
(b) If any provision of this order, or the
application of any provision to any person or
circumstance, is held to be invalid because of the
failure to follow certain procedures, the relevant
executive branch officials shall implement those
procedural requirements to conform with existing law
and with any applicable court orders.
Sec. 23. 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
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against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 20, 2025.
[FR Doc. 2025-02006
Filed 1-28-25; 11:15 am]
Billing code 3395-F4-P