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@StateDept Budget Could Be Cut By As Much as 30% in Trump’s First Budget Proposal?

Posted: 3:40 am  ET

 

Via Bloomberg:

Trump’s first major fiscal marker will land in the agencies one day before his first address to a joint session of Congress. […] The Pentagon is due for a huge boost, as Trump promised during the campaign. But many nondefense agencies and foreign aid programs are facing cuts, including at the State Department. The specific numbers aren’t final and agencies will have a chance to argue against the cuts as part of a longstanding tradition at the budget office.

Note that in fiscal year 2016, the Pentagon has had nearly $600 billion at its disposal. According to Newsweek, that’s twice the size of the defense budget before the 9/11 attacks and more than 10 times the amount the State Department received for diplomacy. For fiscal year 2017, then President Obama had asked Congress to increase Pentagon spending by $22 billion, while his State Department request has remained flat, at $50 billion.  And now, potentially a 30% cut? We hope to have a follow up post when we have further details.

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@StateDept Special Envoy Positions Could Be in Trump’s Chopping Block — Which Ones?

Posted: 1:42 am  ET

 

Via Bloomberg:

President Donald Trump is proposing major defense spending increases and big cuts to the Environmental Protection Agency, State Department and other federal agencies in a proposed budget to be presented soon to Congress, said a person familiar with the plan.[…] But the State Department will not share in the largesse. One of the agency’s deputy secretary positions, in charge of management and resources, is expected to be eliminated and its staff reassigned, people familiar with the plan said. Trump and his aides also are reviewing whether to eliminate many special envoy positions, the people said — diplomatic staff assigned to key regions and issues, including climate change, anti-Semitism and Muslim communities.

Back in September 2015, we blogged that Congress has been looking into the special envoys/reps, etc, at the State Department (see Congress Eyes @StateDept’s Special Envoys, Representatives, Advisors, and Coordinators).  Last December, Congress sent then President Obama the first State Department authorization bill sent by Congress to the President in 14 years.  Section 418 of that bill requires a one-time report on the special envoys, representatives, advisors, and coordinators of the Department, including details related to the individuals rank, position description, term in office, justification of authorization for the position, any supporting staff or resources of the position, and other related details (see Congress Sends President Obama First State Department Authorization in 14 Years).

Per state.gov, the following is a list of special envoys, special representatives, ambassadors at large, coordinators, special advisors, senior advisor, senior official, personal representative, and  senior representative positions that could be in the chopping block.

Special Envoys

Special Presidential Envoy for the Global Coalition to Counter ISIS (Brett McGurk)
Special Presidential Envoy for Hostage Affairs (James O’Brien)
Special Envoy and Coordinator for International Energy Affairs (vacant)
Special Envoy and Coordinator of the Global Engagement Center (vacant)
Special Envoy for Climate Change (vacant)
Special Envoy for Closure of the Guantanamo Detention Facility (vacant)
Special Envoy for Global Food Security (vacant)
Special Envoy for Holocaust Issues (vacant)
Special Envoy for the Human Rights of LGBTI Persons (Randy Berry)* (also Deputy Assistant Secretary in the Bureau of Democracy, Human Rights, and Labor)
Special Envoy for Israeli-Palestinian Negotiations (vacant)
Special Envoy for Libya (Jonathan Winer)
Special Envoy to Monitor and Combat Anti-Semitism (vacant)
Special Envoy to the Organization of Islamic Cooperation (vacant)
Special Envoy for North Korean Human Rights Issues (Robert R. King)
Special Envoy for Six-Party Talks (vacant)
U.S. Special Envoy to Sudan and South Sudan (vacant)
U.S. Special Envoy for Syria (Michael Ratney)

Special Representatives

Special Representative of the President for Nuclear Nonproliferation (rank of Ambassador) (vacant)
Special Representative and Policy Coordinator for Burma (vacant)
Special Representative for Afghanistan and Pakistan (vacant)
Special Representative for the Arctic Region (vacant)
Special Representative for Biological and Toxin Weapons Convention Issues (Robert A. Wood)* (Also Permanent Representative for Conference on Disarmament)
Special Representative for Commercial and Business Affairs (vacant)
Special Representative for Global Health Diplomacy (Deborah Birx, M.D.)* (also Ambassador at Large and Coordinator of United States Government Activities to Combat HIV/AIDS Globally)
Special Representative for Global Partnerships (vacant)
Special Representative for the Great Lakes Region of Africa (vacant)
Special Representative for International Labor Affairs (vacant)
Special Representative to Muslim Communities (vacant)
Special Representative of North Korea Policy (Joseph Yun)* (also Deputy Assistant Secretary in East Asia and Pacific Affairs Bureau)
Special Representative to the Organization for Security and Cooperation in Europe (OSCE) (Michael Scanlan)
U.S. Special Representative to the Organization of Eastern Caribbean States (OECS) (Linda S. Taglialatela)* (also Ambassador to Barbados)
U.S. Special Representative for Religion and Global Affairs (vacant)

Ambassadors at Large

Ambassador at Large and Coordinator for Counterterrorism
Ambassador at Large and Coordinator of United States Government Activities to Combat HIV/AIDS Globally (Deborah Birx, M.D.)* (also Special Representative for Global Health Diplomacy)
Ambassador at Large for Global Criminal Justice (vacant)
Ambassador at Large for Global Women’s Issues (vacant)
Ambassador at Large for International Religious Freedom (vacant)
Ambassador at Large to Monitor and Combat Trafficking in Persons (Susan Coppedge)

Coordinators

U.S. Coordinator for International Communications and Information Policy, with the rank of Ambassador (vacant)* (also DAS in the Bureau of Economic and Business Affairs)
Lead Coordinator for Iran Nuclear Implementation (Stephen D. Mull)
Coordinator for Cyber Issues (Christopher Painter)
Coordinator for Sanctions Policy (Dan Fried)
Coordinator for Threat Reduction Programs (rank of Ambassador) (vacant)
Coordinator for U.S. Assistance to Europe, Eurasia, and Central Asia (vacant)
Fissile Material Negotiator and Senior Cutoff Coordinator (Michael Guhin)
International Information Programs Coordinator (vacant)
Israel and the Palestinian Authority, U.S. Security Coordinator (Lieutenant General Frederick S. Rudesheim)
Senior Coordinator for International Information Technology Diplomacy (vacant)* (Also Under Secretary for Economic Growth, Energy, and the Environment)
Senior Coordinator for Knowledge Management (vacant)
Special Coordinator for Global Criminal Justice (Todd F. Buchwald)
Special Coordinator for Tibetan Issues (Sarah Sewall)* (also Under Secretary for Civilian Security, Democracy, and Human Rights)
Transparency Coordinator (Janice Jacobs)

Special Advisors

Science and Technology Adviser (vacant)
Special Adviser for Global Youth Issues (Andrew Rabens)
Special Adviser for Holocaust Issues (Stuart Eizenstat)
Special Advisor for International Disabilities Rights (vacant)
Special Advisor for Nonproliferation and Arms Control (Robert J. Einhorn)
Special Advisor for Religious Minorities in the Near East and South/Central Asia (Knox Thames)
Special Advisor for Secretary Initiatives (vacant)

Senior Advisor

Senior Advisor (vacant)

Senior Official

U.S. Senior Official to the Asia-Pacific Economic Cooperation (APEC) (Matthew Matthews)* (also Deputy Assistant Secretary in Bureau of East Asian and Pacific Affairs)

Personal Representative

Personal Representative for Northern Ireland Issues (Gary Hart)

Senior Representative

Senior Representative to Minsk (vacant)

 

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Snapshot: @StateDept Presidential Appointee Positions Requiring Senate Confirmation

Posted: 12:48 am  ET

 

POTUS44 nominated Hillary Clinton as the 67th Secretary of State in December 2008. She assumed office on January 21, 2009.  Rex Tillerson had to wait a couple of weeks to get to Foggy Bottom after inauguration day but finally assumed office on February 1, 2017.  Susan Rice was nominated as Ambassador to the UN in December 2008 and assumed post on January 26, 2009. Nikki Haley was confirmed on January 24, 2017.

By January 28, 2009, Jack Lew was at the State Department as Deputy Secretary of State for Management and Resources (D/MR). The following day, Jim Steinberg had also assume post as Deputy Secretary of State (D). To-date, no deputy secretary has been announced and we understand that the D/MR position will not be filled.

The under secretaries in the Obama first term were at post by the following dates:

Under Secretary of State for Political Affairs: Burns, February 29, 2008
Under Secretary of State for Management:: Kennedy, November 15, 2007 (retained)
Under Secretary of State for Economic Growth, Energy, and the Environment: Hormats, September 23, 2009
Under Secretary of State for Public Diplomacy and Public Affairs: McHale, May 26, 2009
Under Secretary of State for Arms Control and International Security Affairs: Tauscher, June 26, 2009
Under Secretary of State for Civilian Security, Democracy, and Human Rights: Otero, August 10, 2009

The Obama White House rolled out its first dozen ambassadors in May 2009; the announcement includes the chief of mission positions for Argentina, Brazil, France, UK, Denmark, Rome, Iceland, India, Japan, Kosovo, and Sri Lanka (see White House Rolls Out First Dozen Ambassadors). The nominees for Sweden, Croatia, Belgium, Switzerland, Belize, etc, were not announced until mid June 2009.

To-date, the Trump White House has announced two ambassadorships (China, Israel). Below is a list of State Department positions, with a link to ambassador positions that require Senate confirmation.

Via CRS:

Full-Time Positions

Department of State 
Secretary – Rex Tillerson (confirmed 2/1/17)
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs Under Secretary—Civilian Security, Democracy, and Human Rights Under Secretary—Management
Under Secretary—Political Affairs Tom Shannon (confirmed 2/12/16)
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs (Although not guaranteed, most recent Assistant Secretaries—African Affairs also held the advice and consent part- time position as a member of the Board of Directors of the African Development Foundation)
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer (The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions112 Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific Affairs Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs Ambassador-at-Large—Coordinator—Counterterrorism Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service – Arnold Chacon (confirmed 12/12/14)
Chief Financial Officer
Inspector General – Steve Linick (confirmed 9/17/2013)
Legal Adviser
Chief of Protocol

Ambassadors
China – Terry Branstad (nominated)
Israel – Friedman David M. (February 2017) pending at SFRC
Republic of Congro – Haskell, Todd Philip (January 2017) pending at SFRC
Republic of Guinea-Bissau – Mushingi, Tulinabo Salama  (January 2017) pending at SFRC

Full list of diplomatic missions below:

Foreign Service Officers (numerous commissions and promotions)

U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission—United Nations: Nikki Haley (confirmed 1/24/17)
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)

U.S. Agency for International Development 
Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia Assistant Administrator—Food Safety Assistant Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General

European Bank for Reconstruction and Development
U.S. Executive Director

International Broadcasting Bureau, Broadcasting Board of Governors
Director

International Joint Commission, United States and Canada
Commissioner—three positions

International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)

Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.)

U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)

U.S. Trade and Development Agency
Director

Organizations with Full- and Part-Time Positions

African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)

Asian Development Bank
U.S. Executive Director (full-time) Governor and Alternate Governor (part-time)

International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Executive Director for the International Finance Corporation and the International Development Association.)

U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.)

Governor (same individual as the International Monetary Fund Governor; five-year term of office; part-time—The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.)

Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.)

Millennium Challenge Corporation

Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)

Overseas Private Investment Corporation

President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—8 (of 15 total) positions (part-time; three-year terms of office)

Peace Corps

Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)

Part-Time Positions

Advisory Board for Cuba Broadcasting (political balance required)
*Member—eight positions (three-year terms of office)

African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)

African Development Fund

Governor and Alternate Governor

Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)

Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)

U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)

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America First Parodies – 12 Countries, 63 Million Views #ThanksTrump

Posted: 2:14  pm  ET
Updated 3:12 pm ET

 

The worldwide trend spoofing President Trump’s America First policy continues. Below is a round-up of the top most viewed parodies.    We’ve listed below the videos that top at least a million views on YouTube. We estimated that the 12 videos alone have approximately 63 million views as of this writing.  And it does not look like this trend is ending anytime soon.

The Netherlands Second  — 23,594,538 views

Switzerland Second — 11,217,297 views

Germany Second – 9,186,518 views

Denmark  Second – 5,390,941 views

Portugal Second — 4,042,847 views

Morocco Second – 1,702,004 views

Iran Second – 1,681,774 views

Croatia  Second  — 1,519,849 view

Austria Second  – 1,342,517 view

Luxembourg  Second — 1,305,935 views

Finland Second – 1,286,739 views

Australia Second  — 1,069,138 views

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That #SwedenIncident 😧–America First, Sweden Second–Listen, But Don’t ‘Bomb Ikea’

Posted: 2:19 am  ET

 

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Tillerson/Priebus Standoff on Ambassadorships, Plus Rumored Names/Posts (Updated)

Posted: 2:03 am  ET
Updated: 2:31 pm PT

 

The following report may explain the slow announcement of ambassador picks under the Trump administration. To-date, only two ambassador’s postings have been announced, China and Israel. The nominee for Israel, David Friedman has a scheduled confirmation hearing this week.   Terry Branstad’s nomination as Ambassador to the People’s Republic of China was sent to the Senate on January 20 but so far, no schedule has been announced by the SFRC. Note that Nikki Haley was previously announced as Trump’s pick for the UN and was confirmed by the Senate on January 24. Her official title is United States Permanent Representative to the United Nations, an ambassador-rank position; it is also a cabinet level position. 

For a list of ambassadorships that may be the cause of the reported standoff between Secretary Tillerson and WH Chief of Staff Priebus, see America’s Cushiest Ambassadorships Will Go Vacant By Inauguration Day.

Via the WSJ:

Senior White House advisers have suggested to cabinet secretaries or nominees that they need to be consulted on all personnel and policy decisions, creating friction between the agencies and the White House officials who have been permanently stationed inside their buildings.

Many of the U.S. ambassadorships remain unfilled, a result of a standoff between Mr. Tillerson and Mr. Priebus, the chief of staff, said people familiar with the process.

Below is a round-up of names floated around as possible picks for ambassadorships to Canada, Austria, Dominican Republic, Ireland, Italy, Japan, Czech Republic, and the UK.

Ex-Senator Scott Brown to New Zealand

Sarah Palin to Canada, to Canada. Or not.

Patrick Park, Sound of Music Fan to Austria?

From Palm Beach — Robin Bernstein to the Dominican Republic? Brian Burns to Ireland?

Major Campaign Donors Lewis Eisenberg to Italy, William Hagerty to Japan?

Woody Johnson to the United Kingdom, but role not official?

Ivana to the Czech Republic, and she’ll get agrément?

Ted Malloch, potential European Union pick attacks the EU?

Miami Marlins owner Jeff Loria to head to France?

GOP activist Georgette Mosbacher to Luxembourg?

Hedge funder Duke Buchan to Spain?

Edwin Feulner, Heritage Foundation founder to South Korea?

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White House Issues Clean-Up Memo For Trump Ban to Exempt Green Card Holders

Posted: 1:09  am ET

 

On February 1, White Counsel Donald F. McGahn II released a memo intended to provide “Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017).”

Section 3(c) of the Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) suspends for 90 days the entry into the United States of certain aliens from countries referred to in section 217(a)(12) of the Immigration and Nationality Act (INA), 8 U.S.C. 1187(a)(12). Section 3(e) of the order directs the Secretary of Homeland Security, in consultation with the Secretary of State, to submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of certain foreign nationals from countries that do not provide information needed to adjudicate visas, admissions, or other benefits under the INA.

I understand that there has been reasonable uncertainty about whether those provisions apply to lawful permanent residents of the United States. Accordingly, to remove any confusion, I now clarify that Sections 3(c) and 3(e) do not apply to such individuals. Please immediately convey this interpretive guidance to all individuals responsible for the administration and implementation of the Executive Order.

The EO clearly states  “I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants.”  So the EO drafters had to idea what are green card holders? Or they just want to tame the blowback right now.

Here is Section 3 (c):

(c)  To temporarily reduce investigative burdens on
relevant agencies during the review period described in
subsection (a) of this section, to ensure the proper review
and maximum utilization of available resources for the
screening of foreign nationals, and to ensure that adequate
standards are established to prevent infiltration by foreign
terrorists or criminals, pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant
and nonimmigrant entry into the United States of aliens from
countries referred to in section 217(a)(12) of the INA, 8
U.S.C. 1187(a)(12), would be detrimental to the interests of
the United States, and I hereby suspend entry into the United
States, as immigrants and nonimmigrants, of such persons for
90 days from the date of this order (excluding those foreign
nationals traveling on diplomatic visas, North Atlantic Treaty
Organization visas, C-2 visas for travel to the United
Nations, and G-1, G-2, G-3, and G-4 visas).

Here is Section 3 (e)

(e)  After the 60-day period described in subsection (d)
of this section expires, the Secretary of Homeland Security,
in consultation with the Secretary of State, shall submit to
the President a list of countries recommended for inclusion on
a Presidential proclamation that would prohibit the entry of
foreign nationals (excluding those foreign nationals traveling
on diplomatic visas, North Atlantic Treaty Organization visas,
C-2 visas for travel to the United Nations, and G-1, G-2, G-3,
and G-4 visas) from countries that do not provide the
information requested pursuant to subsection (d) of this
section until compliance occurs.

The full WH memo is here:

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Trump EO Also Suspends Visa Interview Waivers – Expect Long Visa Wait Times, Again

Posted: 10:28 am  PT

 

In 2012, then President Obama issued an Executive Order on Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness, which among other things, “ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions”.  The Obama EO directed a plan that “should also identify other appropriate measures that will enhance and expedite travel to and arrival in the United States by foreign nationals, consistent with national security requirements.” In 2012, an Interview Waiver Pilot Program (IWPP) was introduced for for low-risk visa applicants. It became was made permanent in 2014, and became the Visa Interview Waiver Program (VIWP).

According to congressional testimonies, there are 222 visa-issuing embassies and consulates where “highly-trained corps of consular officers and support staff process millions of visa applications each year, facilitating legitimate travel while protecting our borders.”  In FY2015, overseas posts issued over 10.8 million nonimmigrant visas. That number is only a partial picture of the workload as it does not include visa refusals, a number that is significantly higher than visa issuances.

Section 8 of President Trump’s Executive Order: Protecting the Nation From Foreign Terrorist Entry into the United States refers to the immediate suspension of visa interview waivers specifically, the VIWP, and imposes a requirement that all nonimmigrant visa applicants, with exceptions, undergo in-person interviews.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

We understand that the current Visa Interview Waiver Program (VIWP) was “carefully crafted”, and rolled out in consultation with the Congress. It was designed not/not to go back to pre-911 situation but to facilitate travel in cases of no discernable risk.

Here is what the Consular Affairs bureau told Congress:

Since 9/11, a risk-based approach grounded on greater and more effective domestic and international information sharing has become a key principle of visa processing policy.  This approach enables the United States to channel more resources toward the prevention of high-risk travel while simultaneously increasing the number of legitimate visitors arriving by land, air, and sea.  The Electronic System for Travel Authorization (ESTA) prescreening process for Visa Waiver Program (VWP) travelers, international information sharing arrangements, Global Entry, which expedites the movement of low-risk, frequent travelers who proceed directly to automated kiosks upon arrival in the United States, and interagency counterterrorism and eligibility checks are examples of how U.S. agencies can use information collected from visitors and/or governments in advance of travel to accomplish complimentary and mutually re-enforcing goals of preventing terrorists and serious criminals from traveling to the United States while facilitating the entry of legitimate visitors.

We asked the State Department about the suspension of the VIWP and its impact on visa operations. We were interested in the number of applicants who used the Visa Interview Visa Program for the last fiscal year.  In trying to get a sense of the impact of the new EO on visa operations, we also were interested on number of consular officers in visa sections worldwide.

Our question is in general staffing terms not specific to any posts, nonetheless, a State Department official on background declined to discuss staffing levels or the number of officers working at any embassy or consulate.  However, the SDO  did provided the following information:

The Executive Order suspends previously authorized portions of the Interview Waiver Program. The Interview Waiver Program will continue for certain diplomatic and official visa applicants from foreign governments and international organizations (categories: A-1, A-2, G-1, G-2, G-3, G-4, NATO-1 through -6, C-2 and C-3) applicants under the age of 14, or over the age of 79; and applicants who previously held a visa in the same category that expired less than 12 months prior to the new application. As always, a consular officer must require that any applicant appear for an in-person interview in any situation where information provided on the application or during the screening process indicates any reason for further questioning. All visa applications, including those cases above, for which the visa interview is waived, are subject to the same rigorous security screening.

Previously, applicants renewing their visas in the same category within 48 months of expiration were eligible for their interview to be waived, as were first-time Brazilian and Argentine applicants ages 14-15 and 66-79.

We don’t know what is the current number but in 2013, Brazilian visitors contributed $10.5 billion to the U.S. economy, a 13 percent increase from the prior year.

Background of the Visa Interview Waiver Program (VIWP)

In January 2012, the Department and the Department of Homeland Security (DHS) initiated the two-year Interview Waiver Pilot Program (IWPP) to streamline processing for low-risk visa applicants.  The worldwide pilot program allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants who were previously interviewed and thoroughly screened in conjunction with a prior visa application, and who are renewing a previous visa within four years of its expiration.  The pilot program also allows consular officers to waive interviews for qualified Brazilian applicants falling into specific age ranges, even when applying for visas for the first time.

All IWPP applications are thoroughly reviewed by a commissioned consular officer, with the applicant’s fingerprints, photograph, and biodata undergoing extensive database checks.  Consular officers have been directed to require an interview for any applicant who might otherwise qualify for the IWPP, if the application is not immediately approvable upon paper review, including if database checks reveal potential grounds of inadmissibility or other possible concerns.  State concluded an August 2013 validation study of the IWPP, which showed that B1/B2 visa issuances under the IWPP present no greater risk of overstay than interview-based B1/B2 visa issuances.

In 2013, State/CA’s congressional testimony indicates that “more than 90 percent of applicants worldwide were interviewed within three weeks of submitting their applications.”  This includes key markets such as China where consular officers were able to keep interview wait times to an average of five days while managing an average annual workload increase of 23 percent over the past three years.  In Brazil, consular officers were able to bring down wait times by 98 percent, from a high of 140 days in São Paulo, to just two days in September 2013, while also managing an eleven percent jump in annual workload between 2011 and 2013. These results were partially attributed to the VIWP:

The Department’s success is partially attributable to the introduction of secure, streamlined processes such as the Interview Waiver Pilot Program (IWPP), which allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants who are renewing their visas, and whose biometric data we have on file.  IWPP is operational at more than 90 visa processing posts in more than 50 countries, and consular officers have already waived interviews for more than 500,000 of these low-risk visa applicants.  The pilot has been particularly successful in China, where it constitutes 30 percent of Mission China’s visa renewal workload.  Of course, these applicants are subject to all of the security checks conducted for any interviewed applicant.  State also concluded an August 2013 validation study of the IWPP, which showed that B1/B2 visa issuances under the IWPP present no greater risk of overstay than interview-based B1/B2 visa issuances.

One of the most effective ways we have to improve the efficiency of visa operations is to eliminate in-person interviews for low-risk travelers, while retaining all of the security checks that apply to every visa applicant.  Although the Immigration and Nationality Act (INA) requires our consular officers to interview in-person all visa applicants aged 14 through 79, it also provides limited authority to waive interviews, including authority to waive for diplomatic and official applicants from foreign governments and for some repeat applicants.  We are utilizing technology and advanced fraud detection techniques to help us expand the pool of applicants for whom interviews can be waived under the Interview Waiver Program.  This allows us to focus resources on higher-risk visa applicants while facilitating travel for low-risk applicants.

We are working with our colleagues across the government to expand this successful program, which became permanent in January 2014.  In fiscal year 2013, we waived over 380,000 interviews, and a recent study showed that tourist and business visitor visa holders whose interviews were waived, all of whom were subject to the full scope of security checks, posed no greater risk for an overstay than those who were interviewed.  We are interested in explicit legislative authority to supplement the existing Interview Waiver Program by adding additional low-risk applicant groups such as citizens of Visa Waiver Program members applying for other types of visas such as student or work visas; continuing students moving to a higher level of education; non-U.S. citizen Global Entry and NEXUS trusted traveler program members; and holders of visas in other categories, such as students and workers, who wish to travel for tourism or business.  The Department is interested in working with Congress on legislation specifically authorizing the Secretaries of State and Homeland Security to enhance our interview waiver programs.

Since the VIWP is available in China and India, and many other countries with high visa demand, and includes visitor/business (B1-B2) visas, student (F) visas, and temporary worker’s (H1-B) visas, the workload impact on consular sections will be significant.  As more applicants require interviews, more interview windows will be needed, more consular officers will be needed, and larger facilities would become necessary.

By shutting down the IVWP, the Trump EO immediately expands the number of applicants that require in-person interviews. Section 8 (b) of the Trump EO also “immediately expand” the Consular Fellows Program, while a separate EO imposed a federal hiring freeze. Even if hiring is allowed under the Consular Fellows program, training new limited noncareer employees cannot occur overnight.

According to CA official’s congressional testimony, in 2014, 75 million international visitors traveled to the United States, a seven percent increase over 2013; they spent over $220 billion.  “Tourism is America’s largest services export and one that can’t be outsourced.” See current key numbers on US tourism in infographic below.

In FY 2014, Consular Affairs also generated $3.6 billion in revenue, which supports all consular operations in the Department and provides border security-related funding to some interagency partners. The CA bureau is probably the only fully fee-funded operation in the State Department.  It collects and retains fees for certain visa and passport services pursuant to specific statutory authority.  According to congressional testimony, the current fee statutes allow the bureau to retain approximately 80 percent of the fees it collects, with the balance going to the Treasury, which then help fund 12 other arms of the USG supporting border protection/national security.

 

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Trump Travel Ban: Rudy Tells the “Whole Story”, Plus Reactions and Fall Out

Posted: 2:09 am ET

 

On January 27, 2017, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

We’ve seen folks on social media get confused about this. So let’s try this.  There are 38 countries designated as Visa Waiver Program (VWP) countries; citizens or nationals of these 38 countries are currently eligible to travel to the United States without a visa. However, if either of the following is true, travelers will no longer be eligible to travel to the U.S. without a visa. Instead, individuals in the following categories will have to apply for a visa using the regular appointment process at a U.S. Embassy or Consulate.

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

The Trump EO banning entry and issuance of immigrant and nonimmigrant visas for 90 days uses these same seven countries.  Note that citizens from these seven countries have not been banned from visa applications or entry to the United States previously. Citizens from 38 visa waiver countries who previously traveled to these seven Muslim-majority countries were not allowed to use the waiver and must submit for an interview with a consular officer at an embassy or consulate overseas.

Since it appears that DOD Secretary Mattis and DHS Secretary Kelly were out of the loop on this, would it be totally shocking if no input was asked from the State Department? No?  Interagency cooperation is just the White House now? On the day President Trump was preparing to sign this EO, our embassies and consular posts worldwide were still issuing visas;  all official, and valid but no longer acceptable at ports of entry as soon as the executive order took effect.

Here’s Rudddddddy with a backgrounder.

Reaction round-up below:

 

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Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Posted: 8:20 pm ET

 

As of 8:06 pm ET, January 29, the Trump Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] for 90 still has to show up on the White House website. A copy is available from the LA Times here,  but we are reposting it below in full text for easy reference:

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

January 27, 2017

EXECUTIVE ORDER

PROTECTING the Nation from Foreign Terrorist Entry into the United States

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1 . Purpose . The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec . 2 . Policy . It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec . 3 . Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern

(a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(d)  Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e)  After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f)  At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g)  Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h)  The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec . 4 . Implementing Uniform Screening Standards for All Immigration Programs

(a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec . 5 . Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017

(a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b)  Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.  Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f)  The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.

(g)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec . 6 . Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility

The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec . 7 . Expedited Completion of the Biometric Entry-Exit Tracking System

(a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section.  The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order.  Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec . 9 . Visa Validity Reciprocity

The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec . 10 . Transparency and Data Collection

(a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i)   information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to aterrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii)  information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later;

and

 (iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

 (b)  The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec . 11 . General Provisions

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

DONALD J. TRUMP

THE WHITE HOUSE,

January 27, 2017.

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