[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Presidential Documents]
[Pages 8267-8271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02561]




                        Presidential Documents 



Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 8267]]

                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

                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., it is hereby ordered as 
                follows:

                Section 1. Policy. For generations, immigrants have 
                come to the United States with little more than the 
                clothes on their backs, hope in their hearts, and a 
                desire to claim their own piece of the American Dream. 
                These mothers, fathers, sons, and daughters have made 
                our Nation better and stronger.

                The United States is also a country with borders and 
                with laws that must be enforced. Securing our borders 
                does not require us to ignore the humanity of those who 
                seek to cross them. The opposite is true. We cannot 
                solve the humanitarian crisis at our border without 
                addressing the violence, instability, and lack of 
                opportunity that compel so many people to flee their 
                homes. Nor is the United States safer when resources 
                that should be invested in policies targeting actual 
                threats, such as drug cartels and human traffickers, 
                are squandered on efforts to stymie legitimate asylum 
                seekers.

                Consistent with these principles, my Administration 
                will implement a multi-pronged approach toward managing 
                migration throughout North and Central America that 
                reflects the Nation's highest values. We will work 
                closely with civil society, international 
                organizations, and the governments in the region to: 
                establish a comprehensive strategy for addressing the 
                causes of migration in the region; build, strengthen, 
                and expand Central and North American countries' asylum 
                systems and resettlement capacity; and increase 
                opportunities for vulnerable populations to apply for 
                protection closer to home. At the same time, the United 
                States will enhance lawful pathways for migration to 
                this country and will restore and strengthen our own 
                asylum system, which has been badly damaged by policies 
                enacted over the last 4 years that contravened our 
                values and caused needless human suffering.

                Sec. 2. United States Strategies for Addressing the 
                Root Causes of Irregular Migration and for 
                Collaboratively Managing Migration in the Region. (a) 
                The Assistant to the President for National Security 
                Affairs (APNSA), in coordination with the Secretary of 
                State, the Attorney General, the Secretary of Homeland 
                Security, and the heads of any other relevant executive 
                departments and agencies, shall as soon as possible 
                prepare:

(i) the United States Strategy for Addressing the Root Causes of Migration 
(the ``Root Causes Strategy''); and

(ii) the United States Strategy for Collaboratively Managing Migration in 
the Region (the ``Collaborative Management Strategy'').

                    (b) The Root Causes Strategy shall identify and 
                prioritize actions to address the underlying factors 
                leading to migration in the region and ensure coherence 
                of United States Government positions. The Root Causes 
                Strategy shall take into account, as appropriate, the 
                views of bilateral, multilateral, and private sector 
                partners, as well as civil society, and it shall 
                include proposals to:

[[Page 8268]]

(i) coordinate place-based efforts in El Salvador, Guatemala, and Honduras 
(the ``Northern Triangle'') to address the root causes of migration, 
including by:

  (A) combating corruption, strengthening democratic governance, and 
advancing the rule of law;

  (B) promoting respect for human rights, labor rights, and a free press;

  (C) countering and preventing violence, extortion, and other crimes 
perpetrated by criminal gangs, trafficking networks, and other organized 
criminal organizations;

  (D) combating sexual, gender-based, and domestic violence; and

  (E) addressing economic insecurity and inequality;

(ii) consult and collaborate with the Office of the United States Trade 
Representative, the Secretary of Commerce, and the Secretary of Labor to 
evaluate compliance with the Dominican Republic-Central America Free Trade 
Agreement to ensure that unfair labor practices do not disadvantage 
competition; and

(iii) encourage the deployment of Northern Triangle domestic resources and 
the development of Northern Triangle domestic capacity to replicate and 
scale efforts to foster sustainable societies across the region.

                    (c) The Collaborative Management Strategy shall 
                identify and prioritize actions to strengthen 
                cooperative efforts to address migration flows, 
                including by expanding and improving upon previous 
                efforts to resettle throughout the region those 
                migrants who qualify for humanitarian protection. The 
                Collaborative Management Strategy should focus on 
                programs and infrastructure that facilitate access to 
                protection and other lawful immigration avenues, in 
                both the United States and partner countries, as close 
                to migrants' homes as possible. Priorities should 
                include support for expanding pathways through which 
                individuals facing difficult or dangerous conditions in 
                their home countries can find stability and safety in 
                receiving countries throughout the region, not only 
                through asylum and refugee resettlement, but also 
                through labor and other non-protection-related 
                programs. To support the development of the 
                Collaborative Management Strategy, the United States 
                Government shall promptly begin consultations with 
                civil society, the private sector, international 
                organizations, and governments in the region, including 
                the Government of Mexico. These consultations should 
                address:

(i) the continued development of asylum systems and resettlement capacities 
of receiving countries in the region, including through the provision of 
funding, training, and other support;

(ii) the development of internal relocation and integration programs for 
internally displaced persons, as well as return and reintegration programs 
for returnees in relevant countries of the region; and

(iii) humanitarian assistance, including through expansion of shelter 
networks, to address the immediate needs of individuals who have fled their 
homes to seek protection elsewhere in the region.

                Sec. 3. Expansion of Lawful Pathways for Protection and 
                Opportunity in the United States. (a) The Secretary of 
                State and the Secretary of Homeland Security shall 
                promptly review mechanisms for better identifying and 
                processing individuals from the Northern Triangle who 
                are eligible for refugee resettlement to the United 
                States. Consideration shall be given to increasing 
                access and processing efficiency. As part of this 
                review, the Secretary of State and the Secretary of 
                Homeland Security shall also identify and implement all 
                legally available and appropriate forms of relief to 
                complement the protection afforded through the United 
                States Refugee Admissions Program. The Secretary of 
                State and Secretary of Homeland Security shall submit a 
                report to the President with the results of the review.

                    (b) As part of the review conducted pursuant to 
                section 3(a) of this order, the Secretary of Homeland 
                Security shall:

[[Page 8269]]

(i) consider taking all appropriate actions to reverse the 2017 decision 
rescinding the Central American Minors (CAM) parole policy and terminating 
the CAM Parole Program, see ``Termination of the Central American Minors 
Parole Program,'' 82 FR 38,926 (August 16, 2017), and consider initiating 
appropriate actions to reinstitute and improve upon the CAM Parole Program; 
and

(ii) consider promoting family unity by exercising the Secretary's 
discretionary parole authority to permit certain nationals of the Northern 
Triangle who are the beneficiaries of approved family-sponsored immigrant 
visa petitions to join their family members in the United States, on a 
case-by-case basis.

                    (c) The Secretary of State and the Secretary of 
                Homeland Security shall promptly evaluate and implement 
                measures to enhance access for individuals from the 
                Northern Triangle to visa programs, as appropriate and 
                consistent with applicable law.

                Sec. 4. Restoring and Enhancing Asylum Processing at 
                the Border. (a) Resuming the Safe and Orderly 
                Processing of Asylum Claims at United States Land 
                Borders.

(i) The Secretary of Homeland Security and the Director of the Centers for 
Disease Control and Prevention (CDC), in coordination with the Secretary of 
State, shall promptly begin consultation and planning with international 
and non-governmental organizations to develop policies and procedures for 
the safe and orderly processing of asylum claims at United States land 
borders, consistent with public health and safety and capacity constraints.

(ii) The Secretary of Homeland Security, in consultation with the Attorney 
General, the Secretary of Health and Human Services (HHS), and the Director 
of CDC, shall promptly begin taking steps to reinstate the safe and orderly 
reception and processing of arriving asylum seekers, consistent with public 
health and safety and capacity constraints. Additionally, in furtherance of 
this goal, as appropriate and consistent with applicable law:

  (A) The Secretary of HHS and the Director of CDC, in consultation with 
the Secretary of Homeland Security, shall promptly review and determine 
whether termination, rescission, or modification of the following actions 
is necessary and appropriate: ``Order Suspending the Right To Introduce 
Certain Persons From Countries Where a Quarantinable Communicable Disease 
Exists,'' 85 FR 65,806 (October 13, 2020); and ``Control of Communicable 
Diseases; Foreign Quarantine: Suspension of the Right to Introduce and 
Prohibition of Introduction of Persons into United States from Designated 
Foreign Countries or Places for Public Health Purposes,'' 85 FR 56,424 
(September 11, 2020) (codified at 42 CFR 71.40).

  (B) The Secretary of Homeland Security shall promptly review and 
determine whether to terminate or modify the program known as the Migrant 
Protection Protocols (MPP), including by considering whether to rescind the 
Memorandum of the Secretary of Homeland Security titled ``Policy Guidance 
for Implementation of the Migrant Protection Protocols'' (January 25, 
2019), and any implementing guidance. In coordination with the Secretary of 
State, the Attorney General, and the Director of CDC, the Secretary of 
Homeland Security shall promptly consider a phased strategy for the safe 
and orderly entry into the United States, consistent with public health and 
safety and capacity constraints, of those individuals who have been 
subjected to MPP for further processing of their asylum claims.

  (C) The Attorney General and the Secretary of Homeland Security shall 
promptly review and determine whether to rescind the interim final rule 
titled ``Aliens Subject to a Bar on Entry Under Certain Presidential 
Proclamations; Procedures for Protection Claims,'' 83 FR 55,934 (November 
9,

[[Page 8270]]

2018), and the final rule titled ``Asylum Eligibility and Procedural 
Modifications,'' 85 FR 82,260 (December 17, 2020), as well as any agency 
memoranda or guidance that were issued in reliance on those rules.

  (D) The Attorney General and the Secretary of Homeland Security shall 
promptly review and determine whether to rescind the interim final rule 
titled ``Implementing Bilateral and Multilateral Asylum Cooperative 
Agreements Under the Immigration and Nationality Act,'' 84 FR 63,994 
(November 19, 2019), as well as any agency memoranda or guidance issued in 
reliance on that rule. In the interim, the Secretary of State shall 
promptly consider whether to notify the governments of the Northern 
Triangle that, as efforts to establish a cooperative, mutually respectful 
approach to managing migration across the region begin, the United States 
intends to suspend and terminate the following agreements:

(1) ``Agreement Between the Government of the United States of America and 
the Government of the Republic of Guatemala on Cooperation Regarding the 
Examination of Protection Claims,'' 84 FR 64,095 (July 26, 2019).

(2) ``Agreement Between the Government of the United States of America and 
the Government of the Republic of El Salvador for Cooperation in the 
Examination of Protection Claims,'' 85 FR 83,597 (September 20, 2019).

(3) ``Agreement Between the Government of the United States of America and 
the Government of the Republic of Honduras for Cooperation in the 
Examination of Protection Claims,'' 85 FR 25,462 (September 25, 2019).

  (E) The Secretary of Homeland Security shall promptly cease implementing 
the ``Prompt Asylum Case Review'' program and the ``Humanitarian Asylum 
Review Program'' and consider rescinding any orders, rules, regulations, 
guidelines or policies implementing those programs.

  (F) The following Presidential documents are revoked:

(1) Executive Order 13767 of January 25, 2017 (Border Security and 
Immigration Enforcement Improvements).

(2) Proclamation 9880 of May 8, 2019 (Addressing Mass Migration Through the 
Southern Border of the United States).

(3) Presidential Memorandum of April 29, 2019 (Additional Measures to 
Enhance Border Security and Restore Integrity to Our Immigration System).

(4) Presidential Memorandum of April 6, 2018 (Ending ``Catch and Release'' 
at the Border of the United States and Directing Other Enhancements to 
Immigration Enforcement).

(5) Presidential Memorandum of April 4, 2018 (Securing the Southern Border 
of the United States).

  (G) The Secretary of State, the Attorney General, and the Secretary of 
Homeland Security shall promptly take steps to rescind any agency memoranda 
or guidance issued in reliance on or in furtherance of any directive 
revoked by section 4(a)(ii)(F) of this order.

                    (b) Ensuring a Timely and Fair Expedited Removal 
                Process.

(i) The Secretary of Homeland Security, with support from the United States 
Digital Service within the Office of Management and Budget, shall promptly 
begin a review of procedures for individuals placed in expedited removal 
proceedings at the United States border. Within 120 days of the date of 
this order, the Secretary of Homeland Security shall submit a report to the 
President with the results of this review and recommendations for creating 
a more efficient and orderly process that facilitates timely adjudications 
and adherence to standards of fairness and due process.

(ii) The Secretary of Homeland Security shall promptly review and consider 
whether to modify, revoke, or rescind the designation titled ``Designating 
Aliens for Expedited Removal,'' 84 FR 35,409 (July 23, 2019), regarding the 
geographic scope of expedited removal pursuant to INA section

[[Page 8271]]

235(b)(1), 8 U.S.C. 1225(b)(1), consistent with applicable law. The review 
shall consider our legal and humanitarian obligations, constitutional 
principles of due process and other applicable law, enforcement resources, 
the public interest, and any other factors consistent with this order that 
the Secretary deems appropriate. If the Secretary determines that 
modifying, revoking, or rescinding the designation is appropriate, the 
Secretary shall do so through publication in the Federal Register.

                    (c) Asylum Eligibility. The Attorney General and 
                the Secretary of Homeland Security shall:

(i) within 180 days of the date of this order, conduct a comprehensive 
examination of current rules, regulations, precedential decisions, and 
internal guidelines governing the adjudication of asylum claims and 
determinations of refugee status to evaluate whether the United States 
provides protection for those fleeing domestic or gang violence in a manner 
consistent with international standards; and

(ii) within 270 days of the date of this order, promulgate joint 
regulations, consistent with applicable law, addressing the circumstances 
in which a person should be considered a member of a ``particular social 
group,'' as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from 
the 1951 Convention relating to the Status of Refugees and its 1967 
Protocol.

                Sec. 5. 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 2, 2021.

[FR Doc. 2021-02561
Filed 2-4-21; 8:45 am]
Billing code 3295-F1-P