83 FR 29435 - Affording Congress an Opportunity To Address Family Separation

Executive Office of the President

Federal Register Volume 83, Issue 122 (June 25, 2018)

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Presidential Documents]
[Pages 29435-29436]
From the Federal Register Online  [www.thefederalregister.org]
[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. 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.

[[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.
                    (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.

[FR Doc. 2018-13696
Filed 6-22-18; 8:45 am]
Billing code 3295-F8-P