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POTUS issues EO 13841, directing families to be detained together and seeking modification of Flores settlement.

  1. Original Date Announced

    June 20, 2018

    Executive Order 13841 sets new guidelines for family apprehensions at the border. Families are to be detained together, except where there is a concern that detention of a noncitizen child with the child's parent would pose a risk to the child's welfare. Department of Defense will assist with facilities. Attorney General will seek to modify the Flores Settlement to allow for noncitizen families to be detained together throughout the pendency of criminal proceedings for improper entry or removal.

    [ID #332]

    EO 13841: Affording Congress an Opportunity to Address Family Separation
  2. Effective Date

    June 20, 2018
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  4. Biden Administration Action: Revoked/Replaced

    February 2, 2021

    Establishment of Interagency Task Force on the Reunification of Families

    This Biden administration action revokes in its entirety the Trump-era policy identified in this entry.

    On February 2, 2021, President Biden issued Executive Order 14011 revoking Executive Order 13841 and establishing an interagency task force on the reunification of families. The Executive Order states: "My Administration will protect family unity and ensure that children entering the United States are not separated from their families, except in the most extreme circumstances where a separation is clearly necessary for the safety and well-being of the child or is required by law." The Task Force is charged with "[i]dentifying all children who were separated from their families at the United States-Mexico border between January 20, 2017, and January 20, 2021, in connection with the operation of the Zero-Tolerance Policy; [and] to the greatest extent possible, facilitating and enabling the reunification of each of the identified children with their families."

    View Document
  5. Biden Administration Action

    June 2, 2021

    2021.06.02 Family Reunification Task Force 120 Day Progress Report

    On June 2, 2021, DHS issued a report on the Family Reunification Task Force's first 120 days. DHS reports that "the Task Force (1) identified nearly all of the children who were separated from their parents as a result of the Zero-Tolerance Policy and related initiatives; (2) established a reunification process for these families; and (3) began reunifying parents and legal guardians with their separated children in the United States."

    For interim Task Force reports, please see: https://www.dhs.gov/publication/family-reunification-task-force-progress-reports

    View Document
  6. Biden Administration Action: Under Study

    December 10, 2021

    2021.12.10 Identifying Reccomendations to Support the Work of the Interagency Task Force on the Reunification of Families

    On December 10, 2021, DHS published a request for comment in the Federal Register seeking "recommendations for ways to minimize the separation of migrant parents and legal guardians and children entering the United States, consistent with the law."

    View Document
  7. Biden Administration Action: Under Study

    December 27, 2022

    2021.12.27 Identifying Recommendations To Support the Work of the Interagency Task Force on the Reunification of Families; Extension of Comment Period

    On December 27, 2021, DHS extended the deadline for its request for comments "in response to its December 10, 2021 request for comments regarding ways to minimize the separation of migrant parents and legal guardians and children entering the United States, consistent with the law." Comments will be accepted until January 25, 2022.

    View Document

Current Status

Not in effect
February 2, 2021
Acted on by Biden Administration
June 2, 2021
Acted on by Biden Administration
December 10, 2021
Acted on by Biden Administration
December 27, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Detention Border Minors
Agencies Affected: CBP ICE ORR DOD EOIR

Pre Trump-Era Policies

  • June 15, 2018

    Under Attorney General Sessions' "zero tolerance" policy of detaining and prosecuting all undocumented individuals, the AG directed United States Attorneys on the Southwest Border to prosecute all amenable adults who enter the country without authorization, including those accompanied by their children, for illegal entry. Children whose parents were referred for prosecution were placed with the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR).

    DHS Fact Sheet: Zero Tolerance Immigration Prosecutions - Families

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