Page:Title 3 CFR 2002 Compilation.djvu/266

 Executive Orders EO 13276 Section 1. Duties uncl Authorities of Agency Heucls. Consistent with app]i- cable 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 inter- cepted 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 cus- tody, care, safety, transportation, and other needs of the aliens. The Attor- ney General shall continue to provide for the custody, care, safety, trans- portation, 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 identi- fied 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 facili- tate 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 Gen- eral and the Secretary of State, for the housing and care of any undocu- mented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities at Guantanamo Bay Naval Base that are ex- cess 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 secu- rity. 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 Sec- retary of Defense shall provide support to the Attorney General and the Secretary 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 na- tional 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 253

�