ExecutiveOrdersEO
EO 13888Executive OrderTrump 45 · R Quiet signal

Executive Order 13888

Enhancing State and Local Involvement in Refugee Resettlement

This executive order requires both state and local governments to provide written consent before refugees can be resettled in their jurisdictions through the federal Reception and Placement Program. It directs the Secretaries of State and Health and Human Services to create implementation processes within 90 days, with limited exceptions where the Secretary of State can override non-consenting jurisdictions after consulting other agencies and notifying the President.

Federal Register Open PDF 84 FR 52355

Impact dates

  1. Secretaries of State and HHS develop and implement consent determination process

  2. Secretaries of State and HHS develop and implement process for taking consent into account to maximum extent consistent with law

Key directives

  • Develop and implement process for written state and local consent to refugee resettlement within 90 days
  • Publicly release written consents of states and localities
  • Develop process to take state/locality consent into account to maximum extent consistent with law within 90 days
  • Establish override procedure requiring Secretary of State consultation with HHS and DHS and presidential notification for non-consenting jurisdictions
  • Exempt spouse/child follow-to-join refugees from consent requirements

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing
  • state and local consent requirement established as policy

Near term (90d)

  • Secretaries of State and HHS must develop and implement consent determination process
  • Secretary of State must establish process for publicly releasing written consents
  • process for taking state/locality consent into account to maximum extent consistent with law must be operational

Long term

  • potential reduction in refugee resettlement locations nationwide
  • possible legal challenges to consent framework
  • shift in federal-state dynamics on immigration policy

Risks & tensions

  • Legal vulnerability: may conflict with 8 U.S.C. 1522 which emphasizes federal responsibility for refugee placement; override provision suggests drafters anticipated legal tension
  • Vague override standard: 'inconsistent with the policies and strategies' under 8 U.S.C. 1522(a)(2)(B) and (C) leaves broad discretion to Secretary of State with unclear limiting principle
  • Dual-consent requirement creates risk of 'local veto' even when state consents, potentially fragmenting resettlement networks
  • No enforcement mechanism specified for jurisdictions that withdraw consent after initial grant
  • Notification-to-President provision (Sec. 2(b)) is procedural but creates political friction point; unclear if President can block override
Executive Order 13888: Enhancing State and Local Involvement in Refugee Resettlement · Executive Orders