Presidential Documents

29435 

Federal Register 

Vol. 83, No. 122 

Monday, June 25, 2018 

Title 3— 

The President 

Executive Order 13841 of June 20, 2018 

Affording Congress an Opportunity To Address Family Separation 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows: 

Section 1. Policy. It is the policy of this Administration to rigorously enforce 

our immigration laws. Under our laws, the only legal way for an alien 

to enter this country is at a designated port of entry at an appropriate 

time. When an alien enters or attempts to enter the country anywhere 

else, that alien has committed at least the crime of improper entry and 

is subject to a fine or imprisonment under section 1325(a) of title 8, United 

States Code. This Administration will initiate proceedings to enforce this 

and other criminal provisions of the INA until and unless Congress directs 

otherwise. It is also the policy of this Administration to maintain family 

unity, including by detaining alien families together where appropriate and 

consistent with law and available resources. It is unfortunate that Congress’s 

failure to act and court orders have put the Administration in the position 

of separating alien families to effectively enforce the law. 

Sec. 2. Definitions. For purposes of this order, the following definitions 

apply: 

(a) ‘‘Alien family’’ means 

(i) any person not a citizen or national of the United States who has 

not been admitted into, or is not authorized to enter or remain in, the 

United States, who entered this country with an alien child or alien 

children at or between designated ports of entry and who was detained; 

and 

(ii) that person’s alien child or alien children. 

(b) ‘‘Alien child’’ means any person not a citizen or national of the 

United States who 

(i) has not been admitted into, or is not authorized to enter or remain 

in, the United States; 

(ii) is under the age of 18; and 

(iii) has a legal parent-child relationship to an alien who entered the 

United States with the alien child at or between designated ports of 

entry and who was detained. 

Sec. 3. Temporary Detention Policy for Families Entering this Country Illegally. (a) The Secretary of Homeland Security (Secretary), shall, to the extent 

permitted by law and subject to the availability of appropriations, maintain 

custody of alien families during the pendency of any criminal improper 

entry or immigration proceedings involving their members. 

(b) The Secretary shall not, however, detain an alien family together 

when there is a concern that detention of an alien child with the child’s 

alien parent would pose a risk to the child’s welfare. 

(c) The Secretary of Defense shall take all legally available measures 

to provide to the Secretary, upon request, any existing facilities available 

for the housing and care of alien families, and shall construct such facilities 

if necessary and consistent with law. The Secretary, to the extent permitted 

by law, shall be responsible for reimbursement for the use of these facilities. 


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29436 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 /

(d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care 

of alien families pending court proceedings for improper entry, any facilities 

that are appropriate for such purposes. The Secretary, to the extent permitted 

by law, shall be responsible for reimbursement for the use of these facilities. 

(e) The Attorney General shall promptly file a request with the U.S. 

District Court for the Central District of California to modify the Settlement 

Agreement in Flores v. Sessions, CV 85–4544 (‘‘Flores settlement’’), in a 

manner that would permit the Secretary, under present resource constraints, 

to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings. 

Sec. 4. Prioritization of Immigration Proceedings Involving Alien Families. 

The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families. 

Sec. 5. 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 in a manner 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. 

THE WHITE HOUSE, 

June 20, 2018. 

[FR Doc. 2018–13696 

Filed 6–22–18; 8:45 am] 

Billing code 3295–F8–P 


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