“Border Security and Immigration Enforcement Improvements” Executive Order Summary

President Donald Trump has issued several Executive Orders and Memos this week regarding immigration – below is our summary of the order regarding “Border Security and Immigration Enforcement Improvements”

• Recognizes that border security is critically important to national security and continued illegal immigration presents a clear and present danger to the interests of the U.S.
• Calls for the immediate construction of a physical wall on the southern border to obtain operational control.
  • Defines “wall” to mean a contiguous, physical wall or other similarly secure contiguous, and impassable physical barrier.
  • Defines “operational control” as the prevention of all unlawful entries into the U.S., including terrorists, narcotics, and other contraband.
  • Use funds currently available for the wall and determine budget for wall for Congressional approval.
  • Border Security Study – current state of border security and what needs to be done.  Study to be completed within 180 days of order.
  • To accomplish Trump’s campaign pledge that Mexico will pay for the fall, the EO directs all Executive departments and agencies to quantify federal aid or assistance to the Government of Mexico on an annual basis for the past 5 years.
• In addition to building the wall, the EO further strengthens border security by:
  • Hiring additional 5,000 Border Patrol agents;
  • Immediately constructing or contracting for detention facilities at the southern border;
  • Assigning asylum officers to the detention centers by the southern border to conduct “credible fear” determinations; and
  • Assigning judges to detention centers by the southern border.
• Ends “catch and release” by requiring mandatory detention for all aliens pending outcome of removal proceedings or removal from country, including aliens from contiguous terrorities.
• Empower state and local law enforcement to perform to perform the functions of an immigration officer through 287(g) agreements.
• Ends abuse of parole and asylum provisions used to prevent removal of removable aliens.
  • Credible fear determinations for asylum cases must be conducted in a manner consistent with the plain language of those provisions.
  • Parole authority should be determined on a case-by-case basis in accordance with the plain language of the statue and only in circumstances where the individual demonstrates urgent humanitarian reasons or significant public benefit.
  • Calls for the proper application of the William Wilberforce Trafficking Victims Protection Reauthorization Act for unaccompanied alien minors.
• Permits federal agents and state and local officers’ access to federal lands to secure the border.
• Requires the DHS Secretary to publish monthly report on aliens apprehended at the border.

Full text of Executive Order available here