Proclamation 9723-Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
Issued 2018-04-10 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This proclamation continues travel restrictions on certain countries whose governments don't provide information the U.S. says it needs to screen people coming into the country. It follows up on an earlier September 2017 order that established a "baseline" of information requirements—things the U.S. government wants from foreign countries to confirm the identity of people seeking entry and assess whether they pose security threats. More than 200 countries were evaluated against these standards.
The proclamation directs the Secretary of Homeland Security, working with the Secretary of State, to review every 180 days whether countries meet the baseline requirements and to recommend whether the travel restrictions should continue, change, or end. Based on the first review completed in March 2018, restrictions on one country were lifted because that country had improved its performance. The State Department was also directed to work with affected countries to help them improve their systems.
This affects foreign nationals from countries that didn't meet the information-sharing standards, limiting their ability to enter the United States either temporarily or permanently. The stated purpose is to strengthen the government's ability to vet people seeking entry and to make the country safer from security threats.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 9723-Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats") imposes or modifies tariffs. The stated rationale is: "improve their performance against the baseline criteria, as practicable and appropriate, and consistent with the foreign policy, national security, and public-safety objectives of the United States." Under Article I, Section 8, Congress holds the power to "regulate Commerce with foreign Nations" and to "lay and collect Duties." However, Congress has delegated significant tariff authority to the President through statutes like Section 232 of the Trade Expansion Act (national security tariffs) and Section 301 of the Trade Act (unfair trade practices).
The constitutional question is the scope of that delegation. Courts have historically upheld broad presidential trade actions under these statutes. But sweeping tariff measures that effectively rewrite trade policy — affecting billions in commerce — raise non-delegation doctrine concerns. When the executive branch makes economic policy of this magnitude unilaterally, it sits at the edge of the separation of powers.
Official Summary
Administration of Donald J. Trump, 2018 Proclamation 9723—Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats April 10, 2018 By the President of the United States of America A Proclamation In Proclamation 9645 of September 24, 2017 (Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), I recognized that the United States has "developed a baseline for the kinds of information required from foreign governments to support the United States Government's ability to confirm the identity of individuals seeking entry into the United States as immigrants and nonimmigrants, as well as individuals applying for any other benefit under the immigration laws, and to assess whether they are a security or public-safety threat." That baseline is designed to allow the United States to assess adequately whether foreign nationals from a particular country seeking to enter or apply for an immigration benefit from the United States pose a national security or public-safety threat. It also includes an assessment of any national security or public-safety risks that may emanate from a country's