Human Rights Abusers

Presidential Proclamation Suspending Entry of Human Rights Abusers in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On August 4, 2011, President Barack Obama issued Presidential Proclamation 8697, “Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses.” Daily Comp. Pres. Docs., 2011 DCPD No. 00548, p. 1. President Obama issued the proclamation pursuant to the U.S. Constitution and laws, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. § 1182(f)), and 3 U.S.C. § 301. The proclamation included the President's determination that it was in the interests of the United States, based on its enduring commitment to respect for human rights, to ensure that the United States is not a safe haven for serious violators of human rights and humanitarian law and those who engage in related abuses. Before issuance of the Proclamation, only those human rights violations specifically enumerated in the Immigration and Nationality Act (e.g., genocide, torture, extra-judicial killings, certain violations of religious freedom) were grounds for inadmissibility to the United States. The Proclamation expanded the grounds for denial of entry into the United States to cover a broader array of recognized violations of international humanitarian law and international criminal law, such as war crimes and crimes against humanity. The proclamation also covers participants in serious human rights violations, such as prolonged arbitrary detention, forced disappearances, slavery, and forced labor, as well as participants in widespread or systematic violence against civilians based on ethnicity or other grounds. The Proclamation was an integral part of President Obama's broader initiative to strengthen the United States' ability to prevent mass atrocities abroad, including the establishment of an Atrocities Prevention Board tasked with developing atrocity prevention strategies, discussed in information on Nationality, Citizenship and Immigration in this legal Encyclopedia7.C.1. Sections 1 through 5 of the Proclamation appear below.

Developments

Section 1. The entry into the United States, as immigrants or nonimmigrants, of the following persons is hereby suspended:

(a) Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, widespread or systematic violence against any civilian population based in whole or in part on race; color; descent; sex; disability; membership in an indigenous group; language; religion; political opinion; national origin; ethnicity; membership in a particular social group; birth; or sexual orientation or gender identity, or who attempted or conspired to do so.

Details

(b) Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, war crimes, crimes against humanity or other serious violations of human rights, or who attempted or conspired to do so.

Sec. 2. Section 1 of this proclamation shall not apply with respect to any person otherwise covered by section 1 where the entry of such person would not harm the foreign relations interests of the United States.

More about the Issue

Sec. 3. The Secretary of State, or the Secretary's designee, in his or her sole discretion, shall identify persons covered by section 1 of this proclamation, pursuant to such standards and procedures as the Secretary may establish.

Sec. 4. The Secretary of State shall have responsibility for implementing this proclamation pursuant to such procedures as the Secretary, in consultation with the Secretary of Homeland Security, may establish.

Presidential Proclamation Suspending Entry of Human Rights Abusers in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Sec. 5. For any person whose entry is otherwise suspended under this proclamation entry will be denied, unless the Secretary of State determines that the particular entry of such person would be in the interests of the United States. In exercising such authority, the Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of the Secretary of Homeland Security.

Presidential Proclamation Suspending Entry of Human Rights Abusers

In relation to the international law practice and Presidential Proclamation Suspending Entry of Human Rights Abusers in this world legal Encyclopedia, please see the following section:

Territorial Regimes and Related Issues

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Law of the Sea and Related Boundary Issues

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Piracy

Resources

See Also

• Nationality
• Citizenship
• Immigration
• Immigration
• Visas
• Human Rights Abusers