For Immediate Release
Office of the Press Secretary
November 15, 2002
Executive Order Regarding Undocumented Aliens in the Caribbean Region
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including sections 212(f) and
215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C.
1182(f) and 1185(a)(1)), and section 301 of title 3, United States
Code, and in order to delegate appropriate responsibilities to Federal
agencies for responding to migration of undocumented aliens in the
Caribbean region, it is hereby ordered:
Section 1. Duties and Authorities of Agency Heads. Consistent
with applicable law,
(a)(i) The Attorney General may maintain custody, at any location
he deems appropriate, of any undocumented aliens he has reason to
believe are seeking to enter the United States and who are interdicted
or intercepted in the Caribbean region. In this regard, the Attorney
General shall provide and operate a facility, or facilities, to house
and provide for the needs of any such aliens. Such a facility may be
located at Guantanamo Bay Naval Base or any other appropriate
location.
(ii) The Attorney General may conduct any screening of such aliens
that he deems appropriate, including screening to determine whether
such aliens should be returned to their country of origin or transit,
or whether they are persons in need of protection who should not be
returned without their consent. If the Attorney General institutes
such screening, then until a determination is made, the Attorney
General shall provide for the custody, care, safety, transportation,
and other needs of the aliens. The Attorney General shall continue to
provide for the custody, care, safety, transportation, and other needs
of aliens who are determined not to be persons in need of protection
until such time as they are returned to their country of origin or
transit.
(b) The Secretary of State shall provide for the custody, care,
safety, transportation, and other needs of undocumented aliens
interdicted or intercepted in the Caribbean region whom the Attorney
General has identified as persons in need of pro-tection. The
Secretary of State shall provide for and execute a process for
resettling such persons in need of protection, as appropriate, in
countries other than their country of origin, and shall also undertake
such diplomatic efforts as may be necessary to address the problem of
illegal migration of aliens in the Caribbean region and to facilitate
the return of those aliens who are determined not to be persons in need
of protection.
(c)(i) The Secretary of Defense shall make available to the
Attorney General and the Secretary of State, for the housing and care
of any undocumented aliens interdicted or intercepted in the Caribbean
region and taken into their custody, any facilities at Guantanamo Bay
Naval Base that are excess to current military needs and the provision
of which does not interfere with the
operation and security of the base. The Secretary of Defense shall
be responsible for providing access to such facilities and perimeter
security. The Attorney General and the Secretary of State,
respectively, shall be responsible for reimbursement for necessary
supporting utilities.
(ii) In the event of a mass migration in the Caribbean region, the
Secretary of Defense shall provide support to the Attorney General and
the Secretary of State in carrying out the duties described in
paragraphs (a) and (b) of this section regarding the custody, care,
safety, transportation, and other needs of the aliens, and shall assume
primary responsibility for these duties on a non-reimbursable basis as
necessary to contain the threat to national security posed by the
migration. The Secretary of Defense shall also provide support to the
Coast Guard in carrying out the duties described in Executive Order
12807 of May 24, 1992, regarding interdiction of migrants.
Sec. 2. Definitions. For purposes of this order, the term "mass
migration" means a migration of undocumented aliens that is of such
magnitude and duration that it poses a threat to the national security
of the United States, as determined by the President.
Sec. 3. Scope.
(a) Nothing in this order shall be construed to impair or
otherwise affect the authorities and responsibilities set forth in
Executive Order 12807 of May 24, 1992.
(b) Nothing in this order shall be construed to make reviewable in
any judicial or administrative proceeding, or otherwise, any action,
omission, or matter that otherwise would not be reviewable.
(c) This order is intended only to improve the management of the
executive branch. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
equity or otherwise against the United States, its departments,
agencies, entities, instrumentalities, officers, employees, or any
other person.
(d) Any agency assigned any duties by this order may use the
provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out
such duties, to the extent permitted by such Act.
(e) This order shall not be construed to require any procedure to
determine whether a person is a refugee or otherwise in need of
protection.
GEORGE W. BUSH
THE WHITE HOUSE,
November 15, 2002.
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