Executive Order 13823: Protecting America Through Lawful Detention of Terrorists

President: Donald J. Trump

Removed EO 13492’s direction to close the Guantánamo detention facilities and allowed lawful continued operations.

Status: In effect.

Is Executive Order 13823 still in effect? Yes. It revoked the 2009 closure direction in EO 13492, and detention remains governed by law.

What does Executive Order 13823 do?

EO 13823 revoked section 3 of EO 13492, which had directed closure of detention facilities at the US Naval Station at Guantánamo Bay. It stated that detention operations would continue under applicable US and international law and allowed additional detainees to be sent there when lawful and necessary. It also requested Defense Department recommendations on disposition. The order did not itself determine any person’s lawful detention or suspend judicial review; those questions depend on statute, the law of armed conflict and case-specific process.

Administration position: The order’s security and facility assessments were administration findings, not adjudications of individual cases.
SignedJanuary 30, 2018
Earlier provision revokedEO 13492 section 3
FacilityGuantánamo Bay
ScopeLawful detention operations

Before and after

Before the order

EO 13492 directed closure of the facilities.

After the order

That presidential closure direction ended while legal detention limits continued.

Who had to do what

Agency / officeActionTiming / position
PresidentRevoke closure directiveImmediate
DefenseRecommend detainee-disposition policiesWithin 90 days

What happened next

EO 13492 set a closure direction.

EO 13823 revoked its section 3.