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EO 13841Executive OrderTrump 45 · R

Executive Order 13841

Affording Congress an Opportunity To Address Family Separation

This executive order ended the practice of separating migrant families at the border by directing that families be detained together during immigration and criminal proceedings, while requesting court modification of the Flores settlement to allow longer family detention. It shifted responsibility to DHS for family custody and directed DOD and other agencies to provide housing facilities.

Federal Register Open PDF 83 FR 29435

Impact dates

  1. Attorney General to file request to modify Flores settlement

  2. DOD to provide existing facilities upon request

Key directives

  • DHS shall maintain custody of alien families during pendency of criminal or immigration proceedings
  • DOD shall provide existing facilities and construct facilities if necessary for family housing
  • Agency heads shall make available appropriate facilities for family housing
  • Attorney General shall promptly file request to modify Flores settlement to permit family detention throughout proceedings
  • Attorney General shall prioritize adjudication of detained family cases

Who is ordered

Timeline

Immediate

  • Family separation policy halted; DHS to maintain custody of alien families together
  • Attorney General to promptly file request to modify Flores settlement

Near term (90d)

  • DOD to assess and provide existing facilities for family housing
  • Agency heads to identify appropriate facilities for family detention
  • DOJ to prioritize adjudication of detained family cases

Long term

  • Potential construction of new family detention facilities if deemed necessary
  • Congressional action or inaction on immigration law changes
  • Outcome of Flores settlement modification request

Risks & tensions

  • Conflict with Flores settlement: EO seeks to detain families together longer than 20 days, but settlement currently limits child detention duration; modification request may fail
  • Resource constraints: 'subject to availability of appropriations' and 'present resource constraints' language creates enforcement uncertainty
  • Child welfare exception (Sec. 3(b)) preserves authority to separate in some cases, creating implementation ambiguity
  • DOD facility use for immigration detention raises posse comitatus and mission-drift concerns
  • Congressional opportunity framing suggests EO is temporary stopgap, not permanent policy solution
Executive Order 13841: Affording Congress an Opportunity To Address Family Separation · Executive Orders