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 No. Executive Order 13841 was revoked.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.

Administration position: The stated directions and policy are summarized from the signed order. See the official text for its precise legal terms.
SignedJune 20, 2018
IssuerPresident Donald J. Trump
TermFirst presidential term

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 / officeActionTiming / position
Department of Homeland SecurityMaintain custody of qualifying families together where lawful, except when joint detention risks a child's welfare.During covered proceedings
Department of DefenseProvide legally available facilities for family housing and care upon DHS request.Upon request, consistent with law
Attorney GeneralPrioritize 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.