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.
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 / office | Action | Timing / position |
|---|---|---|
| President | Revoke closure directive | Immediate |
| Defense | Recommend detainee-disposition policies | Within 90 days |
What happened next
EO 13492 set a closure direction.
EO 13823 revoked its section 3.
Legal and source detail
How it works legally
The order expressly required compliance with applicable law, including the Detainee Treatment Act; individual detention authority remained a separate question.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 23, 2026. How we research →