Executive Order: Enhancing Public Safety in the Interior of the United States

Table of Contents

Section 1: Purpose

Enforcing immigration laws within the United States is essential to national security and public safety. Many individuals who enter the country unlawfully or violate visa terms, particularly those engaged in criminal activities, may pose risks to public safety.

Sanctuary jurisdictions across the country are identified as willfully violating federal law by preventing the removal of specific individuals. These jurisdictions are described as harming American communities and undermining the nation's legal framework. Additionally, foreign governments that refuse to accept the repatriation of their nationals have led to the release of thousands of removable individuals into American communities, many of whom have prior criminal convictions.

While federal immigration laws establish a structure for cooperation between federal and state authorities, it is stated that the federal government has not sufficiently fulfilled its responsibility to enforce these laws. This order directs federal agencies to utilize all legal measures to ensure the enforcement of immigration policies.

Section 2: Policy

The executive branch establishes the following policies:

Ensuring full enforcement of U.S. immigration laws in alignment with constitutional and statutory obligations.
Utilizing all available resources to enhance enforcement efficiency.
Restricting federal funding to jurisdictions that fail to comply with applicable federal immigration laws, except where legally mandated.
Promptly removing individuals who have been ordered to leave the United States.
Providing support to victims and their families affected by crimes removable individuals commit.

Section 3: Definitions

The definitions relevant to this order align with those provided in 8 U.S.C. 1101.

Section 4: Enforcement of Immigration Laws

Federal agencies are directed to enforce immigration laws strictly against all individuals subject to removal.

Section 5: Enforcement Priorities

The Secretary of Homeland Security is directed to prioritize the removal of individuals who:

Have been convicted of any criminal offense.
Have pending criminal charges.
Have committed acts constituting a chargeable offense.
Have engaged in fraud or misrepresentation in official matters.
Have abused public benefits programs.
They are subject to final removal orders but have not departed.
Immigration officers determine them to pose public safety or national security risks.

Section 6: Civil Fines and Penalties

The Secretary of Homeland Security is tasked with issuing regulations to collect fines and penalties from individuals unlawfully present in the country and those who facilitate their presence.

Section 7: Additional Immigration Officers

The Department of Homeland Security is authorized to hire 10,000 additional immigration officers, subject to legal and budgetary constraints.

Section 8: Federal-State Agreements

The executive branch supports empowering state and local law enforcement agencies to perform immigration enforcement functions by the law. The Secretary of Homeland Security is directed to collaborate with state and local officials to facilitate agreements allowing local law enforcement officers to assist in immigration enforcement.

Section 9: Sanctuary Jurisdictions

The executive branch asserts that state or local jurisdictions must comply with 8 U.S.C. 1373. The Attorney General and the Secretary of Homeland Security are instructed to ensure that jurisdictions failing to comply with federal law are ineligible for federal grants, except in cases deemed necessary for law enforcement.

Additionally, the Department of Homeland Security is required to publicize information regarding criminal activities committed by removable individuals and jurisdictions that fail to honor immigration detainers. The Office of Management and Budget is directed to provide an assessment of federal grant money received by sanctuary jurisdictions.

Section 10: Review of Previous Immigration Actions and Policies

The Secretary of Homeland Security is directed to:

Terminate the Priority Enforcement Program and reinstate the Secure Communities initiative.
Review and revise policies to align with this order.
Improve the process for identifying and detaining removable individuals.

Section 11: Department of Justice Prosecutions

The Attorney General and the Secretary of Homeland Security are instructed to develop strategies to prosecute immigration-related offenses and address transnational criminal activity.

Section 12: Recalcitrant Countries

The Departments of Homeland Security and State must enforce legal provisions that impose diplomatic consequences on foreign governments that refuse to accept their nationals ordered for removal.

Section 13: Office for Victims of Crimes Committed by Removable Individuals

The Department of Homeland Security is tasked with establishing an office to support victims of crimes committed by removable individuals, including issuing regular reports on the impact of such crimes.

Section 14: Privacy Act

Federal agencies are instructed to ensure that privacy protections under U.S. law do not extend to individuals who are not U.S. citizens or lawful permanent residents.

Section 15: Reporting Requirements

The Secretary of Homeland Security and the Attorney General are directed to submit progress reports on executing this order within 90 days and again within 180 days.

Section 16: Transparency in Immigration Enforcement

The Departments of Homeland Security and Justice must collect and report data on the immigration status of individuals incarcerated in federal, state, and local detention facilities.

Section 17: Personnel Actions

The Office of Personnel Management is directed to facilitate hiring personnel necessary for implementing this order.

Section 18: General Provisions

This order shall not interfere with the legal authority of any federal agency.
Implementation of this order must comply with applicable laws and be subject to budgetary constraints.
This order does not create enforceable legal rights for any party.