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Executive Order 12244 Constitutional Neutral (+0.02)

Executive Order 12244—Cuban and Haitian Refugees

Jimmy Carter Jimmy Carter
•
Friday, October 3, 1980
•
2 min read (438 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 1980-10-03, establishes federal administrative policy concerning "Cuban and Haitian Refugees." 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

▪ EXEMPTION FOR FORT ALLEN By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C.
▪ 1323), Section 118 of the Clean Air Act, as amended (42 U.S.C.
▪ 4903), and Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C.
▪ Consistent with the provisions of subsection (a) of Section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities
Total Words
438
2,569 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
11.6
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12244, Jimmy Carter (Oct 3, 1980). Available at https://executiveordersarchive.org/orders/app-executive-order-12244-cuban-and-haitian-refugees.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
EXEMPTION FOR FORT ALLEN By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), Section 118 of the Clean Air Act, as amended (42 U.S.C. 7418), Section 4 of the Noise Control Act of 1972 (42 U.S.C. 4903), and Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6961), and in order to provide for the immediate relocation and temporary housing of Haitian and Cuban nationals, who are located in the State of Florida and presently in the custody of the United States, at a Federal facility known as Fort Allen, located in the Commonwealth of Puerto Rico, and having determined it to be in the paramount interest of the United States to exempt Fort Allen from all the requirements otherwise imposed on it by the said statutes, it is hereby ordered as follows: 1-101. Consistent with the provisions of subsection (a) of Section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a) ), each and every effluent source located at Fort Allen is exempted from compliance with the provisions of that Act; except that no exemption is hereby granted from Sections 306 and 307 of that Act (33 U.S.C. 1316 and 1317). 1-102. Consistent with the provisions of subsection (b) of Section 118 of the Clean Air Act, as amended (42 U.S.C. 7418(b)), each and every particular emission source located at Fort Allen is exempted from compliance with the provisions of that Act; except that no exemption is hereby granted from Sections 111 and 112 of that Act (42 U.S.C. 7411 and 7412). 1-103. Consistent with the provisions of subsection 4(b) of the Noise Control Act of 1972, as amended (42 U.S.C. 4903 (b)), each and every single activity or facility, including noise emission sources or classes thereof, located at Fort Allen, are exempted from compliance with the provisions of that Act; except that no exemption is hereby granted from Sections 6, 17 and 18 of that Act (42 U.S.C. 4906, 4916, 4917). 1-104. Consistent with the provisions of Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6961), each and every solid waste management facility located at Fort Allen is exempted from compliance with the provisions of that Act. 1-105. The exemptions granted by this Order shall be for the one-year period beginning October 2, 1980, and ending October 1, 19131. JIMMY CARTER The White House, October 3, 1980. [Filed with the Office of the Federal Register, 10:44 a.m., October 6, 1980]