Executive Order 13841: Affording Congress an Opportunity To Address Family Separation
President: Donald J. Trump
Directed Homeland Security to keep detained migrant families together where lawful, with a child-welfare exception and expedited proceedings.
Status: Revoked. Is Executive Order 13841 still in effect? No. Executive Order 13841 was revoked. See Federal Register record.
What does Executive Order 13841 do?
EO 13841 told Homeland Security, within legal and funding limits, to maintain custody of family members together while criminal improper-entry or immigration proceedings were pending. It expressly excepted situations in which joint detention posed a risk to a child's welfare. Defense was directed to make available existing facilities on request, and the Attorney General to prioritize cases involving detained families where practicable. The order did not itself alter the underlying immigration statutes or the legal limits on child detention.
Evidence review, September 23, 2026: The Federal Register index records the later relationship: Revoked by EO 14011. The linked successor text should be read for the exact scope.
Before and after
Before the order
The administration was prosecuting improper entry and separating some parents and children; statutes and a court settlement constrained the detention of children.
After the order
The family-custody direction was conditional on law, resources and child welfare, while immigration proceedings continued.
EO 14011 later revoked this order; its text should be consulted for the successor policy.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Department of Homeland Security | Maintain custody of qualifying families together where lawful, except when joint detention risks a child's welfare. | During covered proceedings |
| Department of Defense | Provide legally available facilities for family housing and care upon DHS request. | Upon request, consistent with law |
| Attorney General | Prioritize detained-family immigration cases where practicable. | During implementation |
What happened next
EO 13841 signed. The Federal Register published it June 25, 2018.
Extended evidence reviewed against linked official sources.
Legal and source detail
How it works legally
The Federal Register publication identifies EO 13841, its title and signing date. The Federal Register index records the later relationship: Revoked by EO 14011. The linked successor text should be read for the exact scope. This evidence does not by itself establish every later legal or operational effect.
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 24, 2026. How we research →