Affording Congress an Opportunity To Address Family Separation

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]

[Presidential Documents]

[Pages 29435-29436]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-13696]

Presidential Documents

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

___________________________________________________________________

Title 3--

The President

[[Page 29435]]

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

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.

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.

[[Page 29436]]

(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.

w, 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.

nted 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.

[FR Doc. 2018-13696

Filed 6-22-18; 8:45 am]

Billing code 3295-F8-P