Presidential Documents

Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Presidential Documents 80351 

Proclamation 10817 of September 27, 2024 

Amending Proclamation 10773 

By the President of the United States of America 

A Proclamation 

On June 3, 2024, I signed Proclamation 10773 (Securing the Border). That 

proclamation suspended and limited the entry of certain noncitizens into 

the United States across the southern border during times of high border 

crossings, and directed the Secretary of Homeland Security and the Attorney 

General to promptly consider issuing any instructions, orders, or regulations 

as might be necessary to address the circumstances at the southern border, 

including any additional limitations and conditions on asylum eligibility 

that they determined were warranted. Following that direction, the Secretary 

of Homeland Security and the Attorney General issued an interim final 

rule (IFR) that established a limitation on asylum eligibility for certain 

noncitizens who enter the United States across the southern border during 

times when Proclamation 10773 and the IFR are designed to be in effect, 

and revised certain procedures applicable to the expedited removal process 

to more swiftly apply consequences for irregular migration during those 

times for noncitizens who do not establish a lawful basis to remain. 

Those actions have already produced significant results. Since Proclamation 

10773 and the IFR went into effect, and as of the end of the last calendar 

month, the average number of encounters by the United States Border Patrol 

at our southwest border between ports of entry has decreased by 59 percent 

compared to the period after the Circumvention of Lawful Pathways rule 

began to apply on May 12, 2023, and before Proclamation 10773 and the 

IFR went into effect. July and August 2024 were the lowest 2 months 

of encounters between ports of entry since September 2020. While Proclamation 10773 and the IFR have been in effect, and for individuals encountered 

between southern border ports of entry as of the end of the last calendar 

month, the Department of Homeland Security has removed or returned 70 

percent of single adults and family members, including more than 119,000 

individuals to more than 140 countries; has more than tripled the percentage 

of noncitizens processed through expedited removal; and has decreased 

the percentage of noncitizens encountered at the southwest border who 

are released by United States Border Patrol pending their removal proceedings 

by 52 percent. 

Following the issuance of the IFR, the Department of Homeland Security 

and the Department of Justice (Departments) received and reviewed more 

than 1,000 comments. Based on their review of those comments and their 

experience in implementing Proclamation 10773 and the IFR, the Departments have identified two issues related to the thresholds for determining 

when to apply the suspension and limitation on entry in Proclamation 

10773 and the measures described in the IFR. 

First, having closely monitored the 7-consecutive-calendar-day average of 

encounters following the issuance of Proclamation 10773 and the IFR, the 

Departments have assessed that the current threshold for discontinuing the 

suspension and limitation on entry in Proclamation 10773 and the measures 

described in the IFR could be reached following a short-term decrease in 

the number of encounters at the southern border that does not reflect a 

sustained decrease in the number of such encounters or an end to the 


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border circumstances in which Proclamation 10773 and the IFR are designed 

to apply. The Departments are currently considering regulatory action to 

address this issue as it relates to the measures described in the IFR. With 

respect to Proclamation 10773, to ensure that the threshold to discontinue 

the suspension and limitation on entry reflects a sustained decrease in 

encounters, I have now determined that the suspension and limitation on 

entry in that proclamation should be discontinued only after the Secretary 

of Homeland Security has made a factual determination that there have 

been 28 consecutive calendar days in which the 7-consecutive-calendarday average of encounters is less than 1,500. 

Second, while Proclamation 10773 and the IFR excluded encounters of 

unaccompanied children from non-contiguous countries from the calculation 

of encounters, the Departments have assessed, based on their experience 

implementing Proclamation 10773 and the IFR, that this exclusion is unwarranted because processing such noncitizens is particularly resource-intensive 

for our frontline personnel at the southern border. This experience indicates 

that excluding these noncitizens from the calculation yields inaccurate estimates of system capacity. Again, the Departments are currently considering 

regulatory action to address this issue as it relates to the measures described 

in the IFR. I have now concluded that in order to better achieve Proclamation 

10773’s goal of enhancing our ability to address historic levels of migration 

and more efficiently process migrants arriving at the southern border, that 

proclamation should include unaccompanied children from both non-contiguous and contiguous countries in the calculation of encounters. Consistent 

with section 3(b)(iii) of Proclamation 10773, any unaccompanied children 

will remain excepted from the suspension and limitation on entry pursuant 

to section 1 of Proclamation 10773. 

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, 

by the authority vested in me by the Constitution and the laws of the 

United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (8 U.S.C. 1182(f) and 1185(a)) and section 301 

of title 3, United States Code, hereby find that, absent the measures set 

forth in Proclamation 10773, as amended by this proclamation, the entry 

into the United States of persons described in section 1 of Proclamation 

10773 under circumstances described in section 2 of Proclamation 10773, 

as amended by this proclamation, would be detrimental to the interests 

of the United States, and that the entry of such persons should be subject 

to certain restrictions, limitations, and exceptions. I therefore hereby proclaim 

the following: 

Section 1. Amendment to Section 2(a) of Proclamation 10773. Section 2(a) 

of Proclamation 10773 is amended to read as follows: 

‘‘The Secretary of Homeland Security shall monitor the number of daily 

encounters and, subject to subsection (b) of this section, the suspension 

and limitation on entry pursuant to section 1 of this proclamation shall 

be discontinued at 12:01 a.m. eastern time on the date that is 14 calendar 

days after the Secretary makes a factual determination that there have been 

28 consecutive calendar days of a 7-consecutive-calendar-day average of 

less than 1,500 encounters, not including encounters described in subsection 

4(a)(iii) of this proclamation.’’ 

Sec. 2. Revocation of Section 2(c) of Proclamation 10773. Section 2(c) of 

Proclamation 10773 is revoked. 

Sec. 3. Severability. It is the policy of the United States to enforce this 

proclamation to the maximum extent possible to advance the interests of 

the United States. Accordingly, if any provision of this proclamation, or 

the application of any provision to any person or circumstance, is held 

to be invalid, the remainder of this proclamation and the application of 

its provisions to any other persons or circumstances shall not be affected 

thereby. 

Sec. 4. Effectiveness. The amendments described in sections 1 and 2 of 

this proclamation shall be effective if and when there is in effect a final 


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rule promulgated by the Secretary of Homeland Security and the Attorney 

General that amends the IFR entitled Securing the Border, 89 FR 48,710 

(June 7, 2024), consistent with the amendments described in sections 1 

and 2 of this proclamation. If, due to court order, the final rule described 

in the prior sentence cannot be enforced insofar as it makes changes consistent with the amendment described in section 1 of this proclamation, 

then the amendment described in section 1 of this proclamation will no 

longer be in effect and section 2(a) of Proclamation 10773 shall continue 

to apply by its terms. If, due to court order, the final rule described in 

the first sentence of this section cannot be enforced insofar as it makes 

changes consistent with the amendment described in section 2 of this proclamation, then the amendment described in section 2 of this proclamation 

will no longer be in effect and section 2(c) of Proclamation 10773 shall 

continue to apply by its terms. 

Sec. 5. General Provisions. (a) Nothing in this proclamation 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 proclamation shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 

(c) This proclamation 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. 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh 

day of September, in the year of our Lord two thousand twenty-four, and 

of the Independence of the United States of America the two hundred 

and forty-ninth. 

[FR Doc. 2024–22942 

Filed 10–1–24; 11:15 am] 

Billing code 3395–F4–P 


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