Executive Order 13276 of November 15, 2002

 
                Delegation of Responsibilities 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 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 protection. 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

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                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 nonreimbursable 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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,