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Presidential Memorandum on Combating High Nonimmigrant Overstay Rates
whitehouse.gov ^ | 4/22/2019

Posted on 04/24/2019 7:21:11 AM PDT by bitt

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., and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Policy. (a) My Administration is committed to securing the borders of the United States and fostering respect for the laws of our country, both of which are cornerstones of our Republic. Nonimmigrant visa (visa) overstay rates are unacceptably high for nationals of certain countries. Aliens must abide by the terms and conditions of their visas for our immigration system to function as intended. Although the United States benefits from legitimate nonimmigrant entry, individuals who abuse the visa process and decline to abide by the terms and conditions of their visas, including their visa departure dates, undermine the integrity of our immigration system and harm the national interest.

(b) The large numbers of aliens who overstay their period of lawful admission, failing to comply with the terms of a visa or the Visa Waiver Program, place significant strain on Department of Justice and Department of Homeland Security resources, which are currently needed to address the national emergency on our southern border.

Sec. 2. Addressing High Visa Overstay Rates. (a) The Secretary of State shall engage with the governments of countries with a total overstay rate greater than 10 percent in the combined B-1 and B-2 nonimmigrant visa category based on the Department of Homeland Security Fiscal Year 2018 Entry/Exit Overstay Report. This engagement should identify conditions contributing to high overstay rates among nationals of those countries and methods to address those conditions.

(b) Within 120 days of the date of this memorandum, the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall provide to the President recommendations to reduce B-1 and B-2 nonimmigrant visa overstay rates from the identified countries. With respect to any of the identified countries, the recommendations may include, as appropriate and to the extent consistent with applicable law, a proclamation, relying on authorities such as sections 212(f) and 215 of the INA (8 U.S.C. 1182(f) and 1185(a)), suspending or limiting entry of nationals of those countries who hold B-1 or B-2 visas; targeted suspension of visa issuance for certain nationals; limits to duration of admission, to be implemented by the Department of Homeland Security; and additional documentary requirements.

(c) The Secretary of State and the Secretary of Homeland Security shall immediately begin taking all appropriate actions that are within the scope of their respective authorities to reduce overstay rates for all classes of nonimmigrant visas.

(d) Within 180 days of the date of this memorandum, the Secretary of Homeland Security shall provide to the President a summary of the Department of Homeland Security’s ongoing efforts to reduce overstays from countries participating in the Visa Waiver Program, to include any recommendations for additional action necessary and appropriate to ensure the integrity and security of that Program.

Sec. 3. Admission Bonds. The Secretary of State and the Secretary of Homeland Security shall take steps to develop measures required for imposing admission bonds as a means for improving compliance with the terms and conditions of nonimmigrant visas. The Secretaries shall provide a status report to the President within 120 days of the date of this memorandum.

Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof;

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or

(iii) existing rights or obligations under international agreements.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum 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.

Sec. 5. The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP


TOPICS: Constitution/Conservatism; Extended News; Foreign Affairs; Government
KEYWORDS: immigration; overstay

1 posted on 04/24/2019 7:21:11 AM PDT by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; azishot; ...

p


2 posted on 04/24/2019 7:21:30 AM PDT by bitt (The pain IS coming!!!)
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To: bitt

Laws are only for the little people, citizens.

Fraudulently documented foreigners can do whatever they want.


3 posted on 04/24/2019 7:23:56 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: bitt

Finally
Go Trump


4 posted on 04/24/2019 7:24:11 AM PDT by RWGinger (Does anyone else really)
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To: bitt

We have 18 months to either clean out the voter fraud, or scare the crap out of those illegals who think they can vote themselves welfare. This is as much part of securing citizens voting integrity as it is restoring rule of law.


5 posted on 04/24/2019 7:27:54 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: RWGinger

Wish he had done this sooner, but like so much, he needed the Mueller noose removed from his neck.


6 posted on 04/24/2019 7:28:49 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: Magnum44

@charliekirk11

Illegals should not be counted in the census

Basic projections show that California gets an extra 9 electoral votes because of counting illegals

This disenfranchises Montana, Wyoming, and North Dakota, COMBINED!

This is true foreign interference in our election


7 posted on 04/24/2019 7:33:52 AM PDT by bitt (The pain IS coming!!!)
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To: Magnum44; bitt; All
We have 18 months to either clean out the voter fraud, or scare the crap out of those illegals who think they can vote themselves welfare. This is as much part of securing citizens voting integrity as it is restoring rule of law.

*BUMP*

8 posted on 04/24/2019 7:34:09 AM PDT by Diana in Wisconsin ("And she and Billie Jeff was throwing somethin' off the Tallahatchie Bridge...")
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To: Magnum44

@charliekirk11

Illegals should not be counted in the census

Basic projections show that California gets an extra 9 electoral votes because of counting illegals

This disenfranchises Montana, Wyoming, and North Dakota, COMBINED!

This is true foreign interference in our election


9 posted on 04/24/2019 7:34:14 AM PDT by bitt (The pain IS coming!!!)
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To: bitt

“suspending or limiting entry of nationals of those countries who hold B-1 or B-2 visas; targeted suspension of visa issuance for certain nationals; limits to duration of admission”

Excellent. Start with the education visas of the children of diplomats.

L


10 posted on 04/24/2019 7:36:00 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: bitt
Illegals should not be counted in the census Basic projections show that California gets an extra 9 electoral votes because of counting illegals

The Constitution states that "persons" shall be counted, not citizens. So unfortunately the loophole works against us.


11 posted on 04/24/2019 7:47:02 AM PDT by Buckeye McFrog
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To: bitt
Basic projections show that California gets an extra 9 electoral votes b/c they count illegals.
This disenfranchises Montana, Wyoming, and N/Dakota, COMBINED!
This is true foreign interference in our election.

Excellent point. Needs to be developed as a campaign issue.

12 posted on 04/24/2019 7:50:30 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: bitt

Hoping like hell those overstays include a bunch of trashy Somalis in Minn.


13 posted on 04/24/2019 7:51:49 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Liz

and in Maine!

https://en.wikipedia.org/wiki/History_of_the_Somalis_in_Maine


14 posted on 04/24/2019 8:05:49 AM PDT by bitt (The pain IS coming!!!)
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To: bitt

I remember the story about an Australian girl that was leaving the US and was arrested and put in jail for three weeks. Her parents were frantic not knowing where she was. She overstayed her visa by one - 1 - day.


15 posted on 04/24/2019 8:08:34 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: bitt

More winning.


16 posted on 04/24/2019 9:38:37 AM PDT by little jeremiah (When we do not punish evildoers we are ripping the foundations of justice from future generations)
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To: Buckeye McFrog

The Constitution states that “persons” shall be counted, not citizens. So unfortunately the loophole works against us.


Read the rest of article 2 of the 14th Amendment. Yes “persons” are counted, but it also gives criteria for reducing the proportion contributed towards apportionment. That said, those who are transient - as anyone illegally present here, as well as tourists, visitors, H1B visa holders, Indians with sovereignty under treaty, and invading military surely are - were understood to not be countable to begin with.


17 posted on 04/24/2019 10:02:08 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: SkyDancer

That seems odd. Generally they are happy to let you leave.


18 posted on 04/24/2019 10:03:16 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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