Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses

This proclamation suspends entry into the United States of immigrants and nonimmigrants who have participated in serious human rights violations, war crimes, crimes against humanity, or systematic violence against civilians based on protected characteristics. The Secretary of State has sole discretion to identify covered persons and implement the suspension in consultation with the Secretary of Homeland Security, with exceptions for foreign relations interests and case-by-case determinations of U.S. interest.

Federal Register Open PDF 76 FR 49277

Impact dates

Date TBD
Termination effective upon Federal Register publication if Secretary of State determines no longer necessary
Aug 4, 2011
Proclamation effective immediately

Key directives

Suspend entry of immigrants and nonimmigrants who participated in serious human rights violations, war crimes, or systematic violence against civilians
Secretary of State to identify covered persons pursuant to established standards and procedures
Secretary of State to implement proclamation in consultation with Secretary of Homeland Security
Entry denial for suspended persons unless Secretary of State determines particular entry is in U.S. interests
Secretary of State to consult DHS Secretary on admissibility matters

Who is ordered

Timeline

Immediate

Proclamation effective immediately upon signing
Entry suspension takes effect for covered persons
Secretary of State authorized to begin identifying covered persons

Near term (90d)

Secretary of State to establish standards and procedures for identifying covered persons
Implementation procedures to be developed in consultation with DHS Secretary

Long term

Proclamation remains in effect indefinitely until Secretary of State determines termination is warranted
Potential termination upon Federal Register publication

Risks & tensions

Broad discretionary authority to Secretary of State without explicit due process for identified individuals
Potential tension between human rights enforcement and foreign relations interests (Sec. 2 exception)
Vague scope of 'other related abuses' and 'other serious violations of human rights' could lead to inconsistent application
Indefinite duration with termination solely at Secretary of State's discretion raises separation of powers considerations
Protected speech safeguards (Sec. 6) may create implementation challenges in distinguishing conduct from expression