Executive Order 13768: Public Safety

What the Executive Order Says

Executive Order (EO) 13768 is entitled "Enhancing Public Safety in the Interior of the United States" and was issued on January 25th, 2017.  It has 18 sections.

Section 1

This section defines the purpose of the legislation as directing Federal agencies to focus on removal of illegal aliens from the US and hints at reasons why this would be a good policy and some of the foreseen benefits to US citizens, e.g., they would be safer.

Section 2

This section repeats section 1, but more succinctly.

Section 3

This section references the reader to section 1101 of title 8, USC for definitions.

Section 4

This section directs federal agencies to use any legal provisions granted in the laws to remove aliens or expedite the removal process.

Section 5

This section is included to confuse the reader.  This purportedly gives a list of priorities in terms of determining which illegal aliens should be focused on for deportation.  However, (c) states "have committed acts that constitute a chargeable criminal offense."  Well, being an illegal alien constitutes a chargeable criminal offense, so this really section is largely meaningless.  In looking at reports of dragnets of illegal aliens in the news, authorities are not making distinctions between generally law abiding illegal aliens vs. gang members who happen to be illegal aliens.

Section 6

This section says that in addition to deporting said aliens, we will also assess fines and penalties and make them pay.  The Attorney General is to look into doing this and report back.

Section 7

This section directs the Secretary of Homeland Security to hire and train an additional 10,000 immigration officers.

Section 8

This section talks about section 287(g) if the INA.  Under this provision of the law, local and state law enforcement can take on parts of the role of federal immigration officers.

Section 9

This section discusses actions to be taken against sanctuary jurisdictions.  These include withholding of monies such as grants as well as generating reporting of crimes committed by persons who should have been handed over to the feds for deportation, but were not, so as to shame the jurisdiction into compliance.  Frankly, I've never seen the reports mentioned under (b).  I don't know if they exist.

Section 10

This section directs the Secretary of Homeland Security to change policy by rescinding "Priority Enforcement Program" and reinstituting "Secure Communities".

Section 11

This section directs the Secretary of Homeland Security and the Attorney General to ensure both sides have enough resources to handle more immigration cases in the future as a result of implementing the policies in this EO.

Section 12

This section directs the Secretary of State to impose sanctions provided for in law against countries who do not accept deportees.

Section 13

This section seeks the creation of an office which will provide services to crime victims where the perpetrator was an illegal alien that should have been deported.  There are to be quarterly reports.  I have not heard anything in the news about what these reports say.

Section 14

This section indicates illegal aliens are not protected by some provisions of the Privacy Act.

Section 15

This section calls for 2 reports, one in April, 2017 and one in July, 2017.  I don't know if these reports are intended to be public or posted on the agency website.

Section 16

This section calls for more statistical reporting to be provided on an on-going basis.

Section 17

This section directs the Office of Personnel Management to start the process to get those 10,000 new immigration officers hired.

Section 18

This section includes the usual legal fine print to assure the constitutionality of the EO.

My Commentary

Well, in hindsight, this was a prelude to the travel ban and clearly showed how the administration's focus was on immigration.  The campaign had promised that 11 million illegal aliens would be removed from the US and that measures, such as the wall along the US-Mexico border, would stop other illegal aliens from entering the US.
With regards to section 8 of this EO and Section 287(g) of the INA, this provision has been in law for some time including when the previous administration had used it to be able to achieve deportation rate of upwards of 400,000 illegal aliens a year in a couple of years.  In a book I read (I cannot remember the name, but the book was largely an attack on Eric Holder for its 350 pages), there were some stories of people who really wished there was some path to legal permanent residence or citizenship but because no such path exists, if someone gets caught and deported, it basically destroys their life and family.  This book also had some choice criticism that local law enforcement who had made agreements under 287(g) tended to use these powers capriciously and with bias and in some cases handing over bonafide US citizens who were then deported to Mexico.
There has been a lot of water under the bridge since the issue of this EO.  But the motivation for this EO and the policies it espouses are those of paranoia, xenophobia and exclusion and these all make the world a smaller place rather than a bigger place when you try to include people.  Do there need to be controls on entry into the US in place? Yes.  Do immigrants create new and bewildering problems?  Yes.  But despite these issues, the US has always grown and become greater when immigrants have arrived on our shores.