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

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    June 20, 2018
  3. Biden Administration Action

    February 2, 2021

    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 "Identifying 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."

    Establishment of Interagency Task Force on the Reunification of Families
Status: Final/Actual
Type of Action: Presidential Orders
Subject Matter: Minors Border Detention
Agencies Affected: CBP ICE DOD EOIR ORR

Prior Policies

  • 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 illegally enter the country, 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

Biden Administration Action

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