Proclamation 8697-Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses
Issued 2011-08-04 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this proclamation to bar individuals who have committed serious human rights violations from entering the United States. The action suspends entry, both as immigrants and as visitors, for people who participated in widespread violence against civilian populations based on characteristics like race, religion, or ethnicity, as well as those who committed war crimes or crimes against humanity. This includes anyone who planned, ordered, or aided such acts, or participated through command responsibility.
The proclamation affects foreign nationals who have engaged in these specific violations anywhere in the world. The Secretary of State is responsible for identifying who falls under these restrictions and implementing the policy in consultation with the Department of Homeland Security. However, the Secretary of State can make exceptions if allowing a particular person to enter would serve U.S. interests or would not harm U.S. foreign relations.
The stated purpose is to prevent the United States from becoming a safe haven for human rights violators. The proclamation cites the importance of upholding human rights and humanitarian law as part of U.S. values and interests in promoting peace, the rule of law, and preventing humanitarian crises globally. President Obama issued this under his authority granted by the Immigration and Nationality Act.
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 8697-Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses") imposes or modifies tariffs on of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses. The stated rationale is: "that the United States does not become a safe haven for serious violators of human rights and humanitarian law and those who engage in other related abuses." 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 Barack Obama, 2011 Proclamation 8697—Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses August 4, 2011 By the President of the United States of America A Proclamation The United States enduring commitment to respect for human rights and humanitarian law requires that its Government be able to ensure that the United States does not become a safe haven for serious violators of human rights and humanitarian law and those who engage in other related abuses. Universal respect for human rights and humanitarian law and the prevention of atrocities internationally promotes U.S. values and fundamental U.S. interests in helping secure peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises around the globe. I therefore have determined that it is in the interests of the United States to take action to restrict the international travel and to suspend the entry into the United States, as immigrants or nonimmigrants, of certain persons who have engaged in the acts outlined in se