Executive Order 12251 Constitutional Neutral (+0.02)

Executive Order 12251—Cuban and Haitian Entrants

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Saturday, November 15, 1980

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2 min read (320 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1980-11-15, establishes federal administrative policy concerning "Cuban and Haitian Entrants." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

▪ The funds appropriated to the President for Special Migration and Refugee Assistance in Chapter III of Title I of the Supplemental Appropriations and Rescission Act, 1980, are hereby made available to the Secretary of Health and Human Services to reimburse State and local governments for cash and medical assistance and social services pursuant to Section 1-101 of this Order.

▪ All the functions vested in the President by Section 501 (c) of the Refugee Education Assistance Act of 1980, are hereby delegated to the Secretary of Health and Human Services.

▪ 12246 of October 10, 1980, is revoked.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

Total Words

320

1,933 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

14.6

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 12251, Jimmy Carter (Nov 15, 1980). Available at https://executiveordersarchive.org/orders/app-executive-order-12251-cuban-and-haitian-entrants.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President of the United States of America by Section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96422), Chapter III of Title I of the Supplemental Appropriations and Rescission Act, 1980 (94 Stat. 865; Public Law 96$04), and Section 301 of Title 3 of the United States Code, and in order to provide for assistance to be made available relating to Cuban and Haitian entrants, it is hereby ordered as follows: 1-101. The Secretary of Health and Human Services is delegated the authorities vested in the President pursuant to Sections 501(a) and (b) of the Refugee Education Assistance Act. 1-102. The funds appropriated to the President for Special Migration and Refugee Assistance in Chapter III of Title I of the Supplemental Appropriations and Rescission Act, 1980, are hereby made available to the Secretary of Health and Human Services to reimburse State and local governments for cash and medical assistance and social services pursuant to Section 1-101 of this Order. 1-103. All the functions vested in the President by Section 501 (c) of the Refugee Education Assistance Act of 1980, are hereby delegated to the Secretary of Health and Human Services. 1-104. In carrying out the functions delegated to him by Section 1-103 of this Order, the Secretary of Health and Human Services shall ensure that among the actions he takes or directs from time to time, he shall promptly take action which provides assistance for those Cuban and Haitian entrants located or to be located at Fort Indiantown Gap, Fort McCoy, Fort Chaffee, Fort Allen, existing processing and reception sites in Florida, and such other sites as he may designate. 1-105. Executive Order No. 12246 of October 10, 1980, is revoked. 1-106. This Order is effective November 15, 1980. JIMMY CARTER The White House, November 15, 1980. [Filed with the Office of the Federal Register, 11:06 a.m., November 17, 1980]