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EO 13815Executive OrderTrump 45 · R

Executive Order 13815

Resuming the United States Refugee Admissions Program With Enhanced Vetting Capabilities

This executive order ends the 120-day suspension of the U.S. Refugee Admissions Program (USRAP) that was mandated by Executive Order 13780, while implementing enhanced vetting procedures developed during that review period. It requires ongoing risk assessments for specific refugee categories, with periodic reviews by the Secretaries of Homeland Security and State, and mandates a report from the Attorney General on refugee resettlement effects. The order maintains that refugees from countries covered by Proclamation 9645 remain exempt from those entry restrictions but subjects all refugees to heightened screening measures.

Federal Register Open PDF 82 FR 50055

Impact dates

  1. Annual recurring review of refugee category risk actions

  2. Attorney General report on refugee resettlement effects on national security, public safety, and welfare

  3. DHS/State/DNI determination on modifying/terminating risk actions for refugee categories

  4. USRAP suspension expires; program resumes

Key directives

  • Lift USRAP suspension effective October 24, 2017
  • Resume refugee travel and application adjudications subject to enhanced vetting conditions
  • DHS to determine risk mitigation actions for refugee categories, consulting State and DNI
  • DHS/State/DNI to review and potentially modify/terminate risk actions every 90 days initially, then annually
  • Attorney General to report on refugee resettlement effects within 180 days

Who is ordered

Timeline

Immediate

  • USRAP suspension lifted effective October 24, 2017
  • Resumption of refugee travel and application adjudication subject to section 3 conditions

Near term (90d)

  • DHS/State/DNI joint determination due by January 22, 2018 on whether risk mitigation actions for refugee categories should be modified or terminated
  • First annual risk assessment cycle begins

Long term

  • Attorney General report due April 22, 2018 on refugee resettlement effects on national security, public safety, and welfare
  • Annual recurring reviews of refugee category risks indefinitely
  • Potential ongoing modifications to USRAP based on rolling security assessments

Risks & tensions

  • 90-day and annual review structure creates persistent uncertainty for refugee resettlement agencies and applicants
  • Vague standard for 'as appropriate and consistent with applicable law' gives wide discretion to agency heads
  • Potential conflict between State and DHS if they disagree on risk levels for specific refugee categories
  • Order references but does not detail 'special measures' for certain refugees, leaving implementation opaque
  • Proclamation 9645 exemption for USRAP creates dual-track system that may face legal challenge
Executive Order 13815: Resuming the United States Refugee Admissions Program With Enhanced Vetting Capabilities · Executive Orders