Affording Congress an Opportunity To Address Family Separation

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.

    (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    June 20, 2018.