Executive Order 14010 · Signed Feb 2, 2021

86 FR 8267 · Published Feb 5, 2021 · Effective on signing

Newsworthy
Share

Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border

immigrationasylum policyborder securityCentral Americarefugee resettlement

Signed by President Joseph R. Biden Jr.

The order directs the development of two regional migration strategies — one targeting the root causes of migration in Central America and one managing migration flows cooperatively across the region — while immediately revoking several Trump-era border enforcement orders and directing agencies to review and potentially dismantle key immigration restriction programs.

It establishes the most comprehensive executive-branch reset of U.S. asylum and migration policy in years, simultaneously making self-executing revocations and launching a broad set of agency reviews that will shape whether and how asylum seekers can enter and remain in the United States.

What this order does

What it orders

The order directs the National Security Advisor, in coordination with the Secretaries of State and Homeland Security and the Attorney General, to prepare two strategies: a Root Causes Strategy addressing instability, corruption, violence, and economic insecurity in the Northern Triangle (El Salvador, Guatemala, Honduras), and a Collaborative Management Strategy to expand regional asylum capacity and resettlement options. It also directs the Secretaries of State and Homeland Security to review refugee resettlement pathways for Northern Triangle nationals, consider reinstating the Central American Minors parole program, and enhance access to visa programs. It revokes EO 13767 and four other presidential documents from the prior administration, directs immediate cessation of the Prompt Asylum Case Review and Humanitarian Asylum Review programs, orders review of the Migrant Protection Protocols (Remain in Mexico), and directs review of asylum cooperative agreements with Guatemala, El Salvador, and Honduras.

The order does not itself reinstate any specific asylum program, rescind any rule, or immediately change the legal status of any individual at the border. Nearly all concrete changes depend on future agency reviews, determinations, rulemakings, or reports. A general severability clause preserves existing agency authorities, and implementation is subject to available appropriations.

Who it affects

Asylum seekers and migrants at the U.S. southern border, particularly nationals of El Salvador, Guatemala, and Honduras. Also affected are federal immigration agencies, nonprofit and international organizations assisting migrants, and the governments of Northern Triangle countries and Mexico participating in regional migration management.

Why it matters

Asylum seekers who were subject to Remain in Mexico, the Prompt Asylum Case Review program, or the asylum cooperative agreements may see their cases handled differently as agencies carry out required reviews. The immediate revocations remove the legal basis for certain enforcement priorities, though how agencies replace them determines actual on-the-ground effects.

What must happen and when

How the order is supposed to work

The order works in overlapping tracks. The APNSA coordinates strategy development first; agency reviews of specific programs run in parallel on "prompt" timelines. Where the order directs agencies to "consider" or "determine whether" to act, the agency retains discretion. The 120-, 180-, and 270-day deadlines produce reports and new rules that constitute the second wave of implementation. The Secretary of State must notify Northern Triangle governments of intent to suspend the asylum cooperative agreements before formal termination can occur. Enforcement teeth are limited: the order is subject to appropriations and does not create privately enforceable rights.

Actions and deadlines

  • Prepare the Root Causes Strategy and Collaborative Management Strategy for regional migrationAs soon as possible
  • Begin consultations with civil society, private sector, international organizations, and regional governments to support the Collaborative Management StrategyNo deadline specified
  • Review mechanisms for identifying and processing Northern Triangle nationals eligible for refugee resettlement and submit report to the PresidentNo deadline specified
  • Consider reinstating the Central American Minors Parole Program and consider parole authority for approved family-visa beneficiariesNo deadline specified
  • Review and determine whether to terminate or modify the Migrant Protection Protocols (Remain in Mexico)No deadline specified
  • Promptly cease implementing the Prompt Asylum Case Review and Humanitarian Asylum Review programsNo deadline specified
  • Review and determine whether to rescind interim and final rules on asylum eligibility and asylum cooperative agreementsNo deadline specified
  • Consider notifying Northern Triangle governments of intent to suspend bilateral asylum cooperative agreementsNo deadline specified
  • Review and determine whether to terminate or modify the Title 42 public health orders suspending asylum processingNo deadline specified
  • Submit report to the President on expedited removal procedures and recommendations for improvementWithin 120 days of signing
  • Conduct comprehensive examination of asylum adjudication rules for domestic and gang violence claims relative to international standardsWithin 180 days of signing
  • Promulgate joint regulations defining membership in a 'particular social group' for asylum eligibility purposesWithin 270 days of signing

Agencies directed to act

Department of StateDepartment of Homeland SecurityDepartment of JusticeDepartment of Health and Human ServicesCenters for Disease Control and PreventionOffice of the United States Trade RepresentativeDepartment of CommerceDepartment of LaborOffice of Management and BudgetUnited States Digital Service

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Immigration and Nationality Act

Federal statute governing immigration, naturalization, and asylum processes in the United States.

What this order changes

Revokes Executive Order 13767

Executive Order

Ask GovernmentReporter about this order

Ask anything about what this order does, who it affects, and how it changes policy.