Affording Congress an Opportunity to Address Family Separation

This executive order establishes policies for enforcing immigration laws and handling the detention of families entering the country unlawfully, using the authority granted under the Constitution and laws of the United States, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq.

The Administration emphasizes strict enforcement of immigration laws. Under existing regulations, individuals who are not U.S. citizens or nationals may only enter the country legally through a designated port of entry at an appropriate time. Any unlawful attempt to enter the country is considered improper and punishable by fines or imprisonment under 8 U.S.C. 1325(a). The Administration has committed to enforcing these criminal provisions of the INA unless Congress directs otherwise.

The Administration also upholds the importance of family unity. When legally and logistically feasible, families who enter the country unlawfully will be detained together. However, legal constraints and court rulings have led to situations where family separations occur as part of immigration law enforcement.

Definitions

For this order, the following definitions apply:

• "Alien family" refers to:
  1. Any individual who is not a U.S. citizen or national has not been legally admitted, entered the country with a child at or between designated ports of entry, and was detained.
  2. The child or children accompanying that individual.
• "Alien child" refers to:
  1. Any individual, not a U.S. citizen or national has not been legally admitted and is under 18 years old.
  2. A child who has a legal parent-child relationship with an adult who entered the country with them and was detained.

Temporary Detention Policy for Families Entering Illegally

The Secretary of Homeland Security is directed to maintain custody of detained alien families while immigration or criminal proceedings related to improper entry are ongoing, subject to funding availability and compliance with existing laws.

However, if detaining a child with their parent presents a risk to the child’s welfare, family detention will not be permitted.

The Secretary of Defense is authorized to provide existing facilities for the housing and care of detained families or to construct such facilities if necessary and legally permissible. The Department of Homeland Security (DHS) will be responsible for reimbursement for facility use, as outlined by applicable law.

Additionally, executive agencies shall provide available facilities for housing detained families while they await legal proceedings. Any agency offering facilities will be reimbursed, following legal requirements.

The Attorney General is instructed to submit a request to the U.S. District Court for the Central District of California seeking modification of the Flores settlement to allow for the detention of families together for the duration of immigration or criminal proceedings.

Prioritization of Immigration Cases for Detained Families

The Attorney General shall prioritize the expedited adjudication of cases involving detained families as much as practicable.

General Provisions

• This order does not alter any legal authority granted to federal departments or agencies.
• The Office of Management and Budget retains its authority over budgetary, administrative, and legislative functions.
• Implementing this order must align with existing laws and is subject to funding availability.
• No provisions in this order create enforceable legal rights for any party against the United States government, its departments, agencies, officials, or employees.