Cite as "AILA InfoNet Doc. No. 02111940 (posted Nov. 19, 2002)"
The White House, President George W. Bush
For Immediate Release
Office of the Press Secretary
November 15, 2002
Executive Order: Delegation of Responsibilities on Concerning Undocumented
Aliens Interdicted or Intercepted 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
(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
(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,
(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.