Establishment of Interagency Task Force on the Reunification of Families
Signed February 2, 2021·Joseph R. Biden Jr.·86 FR 8273
Source
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Plain-language summary
Establishes an Interagency Task Force on the Reunification of Families to identify children separated from their families at the United States-Mexico border between January 20, 2017, and January 20, 2021, under the Zero-Tolerance Policy, and to facilitate reunifying them. The task force is chaired by the Secretary of Homeland Security, with the Secretary of State and Secretary of Health and Human Services as vice chairs, and includes the Attorney General and other designated officials. It is directed to recommend agency and presidential actions to reunite children with families, including parole, visas, and support services, and to consult with affected families and stakeholders. It must give the President an initial progress report within 120 days, further reports every 60 days, recommendations within one year to prevent future separations, and a final report before terminating 30 days later. The order also revokes Executive Order 13841 and directs the Department of Homeland Security to provide administrative support.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reunite children separated from their families at the United States-Mexico border, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Revokes: EO 13841, June 20, 2018 Revoked by: EO 14148, January 20, 2025; EO 14159, January 20, 2025
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The order, in full
Executive Order 14011 of February 2, 2021
Establishment of Interagency Task Force on the
Reunification of Families
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to reunite children separated
from their families at the United States-Mexico border,
it is hereby ordered as follows:
Section 1. Policy. It is the policy of my
Administration to respect and value the integrity of
families seeking to enter the United States. My
Administration condemns the human tragedy that occurred
when our immigration laws were used to intentionally
separate children from their parents or legal guardians
(families), including through the use of the Zero-
Tolerance Policy. My Administration will protect family
unity and ensure that children entering the United
States are not separated from their families, except in
the most extreme circumstances where a separation is
clearly necessary for the safety and well-being of the
child or is required by law.
Sec. 2. Establishment. There is hereby established an
Interagency Task Force on the Reunification of Families
(Task Force).
Sec. 3. Membership. (a) The Task Force shall include
the following members or their designees:
(i) the Secretary of Homeland Security, who shall serve as Chair;
(ii) the Secretary of State, who shall serve as a Vice Chair;
(iii) the Secretary of Health and Human Services, who shall serve as a Vice
Chair;
(iv) the Attorney General;
(v) such other officers or employees of the Departments of State, Justice,
Health and Human Services, and Homeland Security, as the head of each
respective department may designate; and
(vi) such other officers or employees of executive departments and agencies
(agencies) as the Chair or Vice Chairs may invite to participate, with the
concurrence of the head of the agency concerned.
(b) The Chair shall convene and preside at meetings
of the Task Force. The Chair, in consultation with the
Vice Chairs, shall direct its work and, as appropriate,
establish and direct subgroups of the Task Force.
Sec. 4. Functions. The Task Force shall, consistent
with applicable law, perform the following functions:
(a) Identifying all children who were separated
from their families at the United States-Mexico border
between January 20, 2017, and January 20, 2021, in
connection with the operation of the Zero-Tolerance
Policy;
(b) To the greatest extent possible, facilitating
and enabling the reunification of each of the
identified children with their families by:
(i) providing recommendations to heads of agencies concerning the exercise
of any agency authorities necessary to reunite the children with their
families, including:
(A) recommendations regarding the possible exercise of parole under
section 212(d)(5)(A) of the Immigration and Nationality Act of 1952, as
amended (8 U.S.C. 1182(d)(5)(A)), or the issuance of visas or other
immigration benefits, as appropriate and consistent with applicable law;
(B) recommendations regarding the provision of additional services and
support to the children and their families, including trauma and mental
health services; and
(C) recommendations regarding reunification of any additional family
members of the children who were separated, such as siblings, where there
is a compelling humanitarian interest in doing so;
(ii) providing recommendations to the President concerning the exercise of
any Presidential authorities necessary to reunite the children with their
families, as appropriate and consistent with applicable law; and
(iii) for purposes of developing the recommendations described in this
subsection, and in particular with respect to recommendations regarding the
manner and location of reunification, consulting with the children, their
families, representatives of the children and their families, and other
stakeholders, and considering the families' preferences and parental rights
as well as the children's well-being; and
(c) Providing regular reports to the President,
including:
(i) an initial progress report no later than 120 days after the date of
this order;
(ii) interim progress reports every 60 days thereafter;
(iii) a report containing recommendations to ensure that the Federal
Government will not repeat the policies and practices leading to the
separation of families at the border, no later than 1 year after the date
of this order; and
(iv) a final report when the Task Force has completed its mission.
Sec. 5. Task Force Administration. (a) To the extent
permitted by law, and subject to the availability of
appropriations, the Department of Homeland Security
shall provide the funding and administrative support
the Task Force needs to implement this order, as
determined by the Secretary of Homeland Security.
(b) To the extent permitted by law, including the
Economy Act (31 U.S.C. 1535), and subject to the
availability of appropriations, additional agencies
represented on the Task Force may detail staff to the
Task Force, or otherwise provide administrative
support, as necessary to implement this order, as
determined by the respective heads of agencies.
(c) The Task Force shall coordinate, as appropriate
and consistent with applicable law, with relevant
stakeholders, including domestic and international non-
governmental organizations, and representatives of the
children and their families.
(d) The Task Force, at the direction of the Chair,
may hold public meetings and engagement sessions as
necessary to carry out its mission.
(e) The Task Force shall terminate 30 days after it
provides its final report to the President under
section 4(c)(iv) of this order.
Sec. 6. Revocation of Executive Order 13841. Executive
Order 13841 of June 20, 2018 (Affording Congress an
Opportunity To Address Family Separation), is hereby
revoked.
Sec. 7. Definitions. For purposes of this order:
(a) The term “children” includes all persons who
were under the age of 18 at the time they were
separated from their families at the border.
(b) The term “Zero-Tolerance Policy” means the
policy discussed in the Attorney General's memorandum
of April 6, 2018, entitled, “Zero-Tolerance for
Offenses Under 8 U.S.C. 1325(a),” and any other
related policy, program, practice, or initiative
resulting in the separation of children from their
families at the United States-Mexico border.
Sec. 8. 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 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,
February 2, 2021.Reproduced from the Federal Register plain-text record, signed February 2, 2021. Typesetting artifacts are removed; no wording is changed.