ExecutiveOrdersEO
Proc 9645ProclamationTrump 45 · R

Proclamation 9645

Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

This proclamation imposes country-specific entry restrictions on nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen, and additional scrutiny for Somali nationals, based on deficiencies in identity-management and information-sharing capabilities. It implements the results of a worldwide review ordered under Executive Order 13780, with tailored restrictions varying by country and visa category. The proclamation also establishes ongoing review processes and reporting requirements to assess whether restrictions should be modified or removed.

Federal Register Open PDF 82 FR 45161

Impact dates

  1. Second report on screening and vetting procedures (270 days after first report)

  2. First 180-day report on continuation/modification/termination of restrictions

  3. Initial report on screening and vetting procedures

  4. Restrictions effective for all other covered nationals

  5. Restrictions effective for previously covered nationals without bona fide U.S. relationships

Key directives

  • Suspend entry of Chad nationals as immigrants and on B-1/B-2 visas
  • Suspend entry of Iranian nationals as immigrants and nonimmigrants, except F/M/J students subject to enhanced screening
  • Suspend entry of Libyan nationals as immigrants and on B-1/B-2 visas
  • Suspend entry of all North Korean nationals as immigrants and nonimmigrants
  • Suspend entry of all Syrian nationals as immigrants and nonimmigrants
  • Suspend entry of Venezuelan government officials involved in screening/vetting and their immediate family members on B-1/B-2 visas; additional measures for other Venezuelan visa holders
  • Suspend entry of Yemeni nationals as immigrants and on B-1/B-2 visas
  • Suspend entry of Somali nationals as immigrants; additional scrutiny for nonimmigrant visas
  • DHS Secretary to submit 180-day and ongoing reports on restriction modifications
  • DHS, State, DOJ, DNI to submit initial vetting report within 180 days, second within 270 days of first, then annually
  • State and DHS to coordinate waiver guidance
  • State to engage restricted countries diplomatically

Who is ordered

Timeline

Immediate

  • Restrictions effective September 24, 2017 at 3:30 p.m. EDT for foreign nationals previously subject to EO 13780 restrictions who lack bona fide U.S. relationships
  • Visa revocation protections for individuals affected by EO 13769 take effect

Near term (90d)

  • Restrictions effective October 18, 2017 at 12:01 a.m. EDT for all other covered nationals, including those with bona fide U.S. relationships from Iran, Libya, Syria, Yemen, Somalia and all nationals of Chad, North Korea, and Venezuela
  • Secretary of State and Secretary of Homeland Security to coordinate on waiver guidance

Long term

  • First 180-day report on continuation/modification/termination of restrictions due March 23, 2018
  • Subsequent 180-day periodic reports ongoing
  • Initial report on screening and vetting improvements due March 23, 2018
  • Second vetting report due approximately December 2018
  • Annual vetting reports thereafter
  • Potential removal or modification of restrictions if countries improve compliance

Risks & tensions

  • Legal challenges likely given prior court injunctions against EO 13780; Supreme Court was already reviewing related cases at time of signing
  • Country-specific tailoring may create implementation complexity for consular officers and CBP
  • Waiver provisions require subjective determinations of 'undue hardship' and 'national interest' with limited guidance initially
  • Venezuela restriction targets government officials specifically, raising potential reciprocity concerns
  • Exemption for Iranian students (F/M/J) while restricting other categories creates monitoring burden for enhanced screening
  • Classification of 'many' reasons for restrictions limits public accountability and judicial review
  • Iraq exemption despite baseline failure reflects tension between security criteria and foreign policy/military cooperation priorities
Proclamation 9645: Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats · Executive Orders