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.
(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.
DONALD J. TRUMP
THE WHITE HOUSE,
June 20, 2018.
Daqui, às 20:38.
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