Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region

This executive order delegates responsibilities among the Attorney General, Secretary of State, and Secretary of Defense for handling undocumented aliens interdicted in the Caribbean region. It establishes procedures for custody, screening, and potential resettlement, with specific provisions for using Guantanamo Bay facilities and for Defense Department support during mass migrations.

Federal Register Open PDF 67 FR 69985

Key directives

Attorney General shall provide and operate facility/facilities for interdicted aliens
Attorney General may conduct screening to determine return vs. protection status
Secretary of State shall provide for resettlement of protected persons in third countries
Secretary of State shall undertake diplomatic efforts on illegal migration and returns
Secretary of Defense shall make available excess Guantanamo Bay facilities
Secretary of Defense shall provide access and perimeter security for facilities
Attorney General and Secretary of State shall reimburse for supporting utilities
In mass migration, Secretary of Defense provides support and may assume primary responsibility on nonreimbursable basis
Secretary of Defense shall support Coast Guard in interdiction duties per EO 12807

Who is ordered

Timeline

Immediate

Attorney General authorized to maintain custody and operate facilities
Secretary of State authorized to provide for protected persons
Secretary of Defense to make Guantanamo Bay facilities available

Near term (90d)

Facility establishment and operational readiness at Guantanamo Bay or other locations

Long term

Potential use during mass migration events
Ongoing diplomatic efforts to address illegal Caribbean migration

Risks & tensions

Vague on specific facility standards and timelines for operational readiness
Reimbursement mechanism for utilities may create interagency friction
Mass migration trigger ('as determined by the President') is entirely discretionary with no criteria
Section 3(e) explicitly disclaims any requirement to determine refugee status, creating tension with international protection obligations
Section 3(b) and 3(c) contain broad non-reviewability and non-enforceability provisions limiting accountability
Guantanamo Bay location raises historical concerns about due process and detention conditions