Affording Congress an Opportunity To Address Family Separation

Jun 25, 2018
Jun 25, 2018

Summary

Aims to keep families together by holding them in custody while they go through immigration or criminal court cases for entering the country improperly.

What problem does this solve?

The government's strict immigration enforcement resulted in separating children from their parents at the border. This order directs agencies to detain families together to maintain family unity while still enforcing the law.

What does this order do?

Keeps families together in custody
Requires the Department of Homeland Security to keep families together in detention while they await legal proceedings for improper entry or other immigration matters.
Seeks to change rules on child detention
Orders the Attorney General to ask a federal court to modify the Flores settlement. This would permit the government to detain families together for longer than currently allowed.
Uses military and other government facilities for housing
Authorizes the Department of Defense and other agencies to provide existing facilities, or build new ones, to house immigrant families.
Speeds up cases for detained families
Directs the Attorney General to make legal cases involving detained families a top priority to resolve them faster.
Allows separation if a child is at risk
States that a family will not be detained together if there is a concern that keeping the child with the parent would put the child's well-being at risk.

Who does this affect?

  • Immigrant families entering the U.S. without authorization
  • Federal immigration and law enforcement agencies

What is the real world impact?

Maintains family unity
Establishes a policy to keep families together during immigration proceedings, addressing concerns about the harm caused by separating children from their parents.
Allows for longer detention of families
Directs the Attorney General to ask a court to change the 'Flores settlement,' a rule that limits how long children can be kept in immigration detention. This change would allow the government to hold families together for longer periods.
Responds to public pressure
Reverses the widely criticized practice of family separation. The order was issued amid intense public and political pressure to end the policy.

When does this start?

This order went into effect when it was signed on June 20, 2018.