In the United States, an executive order is a directive issued by the President of the United States that manages operations of the federal government and has the force of law. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to. The executive order doesn't have a number yet. That's assigned by the National Archives when it's published in the Federal Register, which is the official version.This one will likely be Executive Order 13841.

WASHINGTON — In less than 800 words, President Donald Trump's executive order on immigrant children seeks a balance between his 'zero tolerance' policy for families crossing the border and ending the practice of separating children from their parents.

But a careful reading shows that Trump hasn't eliminated the problem with a stroke of a pen, and that it still could face legal, budgetary and practical hurdles.

Here's a guide to the order:

Setting the tone

EXECUTIVE ORDER: AFFORDING CONGRESS AN OPPORTUNITY TO ADDRESS FAMILY SEPARATION

Executive orders are increasingly rhetorical as well as legal documents, and even in the title, Trump is making a point: Congress is ultimately responsible for fixing the problem, not him.

In an indication of how hastily drafted the order was, the original version on the White House web site misspelled the word 'seperation.' Regardless, the title sends the message that Trump sees his order as a short-term solution, and expects Congress to pass an immigration bill.

The executive order doesn't have a number yet. That's assigned by the National Archives when it's published in the Federal Register, which is the official version. This one will likely be Executive Order 13841.

Claim of authority

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

The format of executive orders is governed by — what else — another executive order. In 1962, President Kennedy signed Executive Order 11030, which requires that every executive order contain 'a citation of the authority under which it is issued.'

Here, Trump is claiming that he's not encroaching on congressional authority because Congress already gave the president broad immigration powers under the Immigration and Nationality Act of 1965.

The 'why' of the executive order

Section 1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress's failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.

The first section of an executive order usually doesn't do anything — it simply explains the policy, signaling to the public and the government why the president is taking a particular action.

Here, Trump is: (1) defending the 'zero tolerance' policy that led to the separation of immigrant children from their families; (2) expressing a policy of maintaining family unity; and (3) continuing to blame Congress for the border crisis.

Trump has also used this section in anticipation of lawsuits in order to signal to the courts why he's taking action. His second travel ban executive order, for example, contained a 19-paragraph policy section after his first travel ban was struck down in the courts.

In accordance with Government Printing Office style, common nouns referring to the United States or its government — like 'Administration' — are capitalized.

Definitions: Who it applies to

Sec. 2. Definitions. For purposes of this order, the following definitions apply:

(a) 'Alien family' means

(i) any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and

Ccgen Executive Orders

(ii) that person's alien child or alien children.

(b) 'Alien child' means any person not a citizen or national of the United States who

(i) has not been admitted into, or is not authorized to enter or remain in, the United States;

(ii) is under the age of 18; and

(iii) has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.

These definitions are pretty straightforward, but it's important to note that the order does not apply to so-called unaccompanied alien children, who cross the border without parents and are already held in separate facilities from adults.

And it makes clear that there must be a 'legal parent-child relationship,' so the order would not apply to smugglers who pose as parents.

What the executive order actually does

Sec. 3. Temporary Detention Policy for Families Entering this Country Illegally. (a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

This provision is an instruction to Homeland Security Secretary Kirstjen Nielsen to hold families that cross the border. But it also includes an important caveat: 'to the extent permitted by law and subject to the availability of appropriations.'

Executive orders cannot trump laws passed by Congress, so if any law conflicts with this order, the law prevails. And the president also cannot spend money without approval from Congress, so this order doesn't spend any money the agency doesn't already have.

But that also means that the effect of this executive order relies largely on how quickly and efficiently the government can implement it.

(b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child's alien parent would pose a risk to the child's welfare.

In short: Border agents can still separate children from their parents in cases of suspected abuse or domestic violence.

(c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

Secretary of Defense James Mattis seemed to be taken by surprise Wednesday when asked which military bases would be used to detain families crossing the border.

'I think you need to talk to another department about that. I handle the stuff beyond the border,' he told reporters outside the Pentagon. 'We support DHS and right now this is their lead and we'll respond if requested.'

(d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

Similar to the above paragraph, this provision would allow Homeland Security to look for other federal facilities to detain immigrant families.

(e) The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 ('Flores settlement'), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

The Flores settlement is a 20-year-old consent decree in which the Clinton administration settled a long-standing lawsuit concerning the treatment of immigrant children. The settlement puts a 20-day limit on the amount of time children can be held in detention.

Trump's zero tolerance policy gets around this limit because the children — while separated from their parents — aren't legally detained. They're in foster care, as if they were abandoned by their parents.

Here's Trump's problem: If he detains children with their parents, the children may run into the 20-day limit before the parents' case is resolved. That means the administration must either violate the court order, re-separate the families, or release the parents as with the children after 20 days — a modified 'catch and release' system that would violate the zero tolerance policy.

Another problem: The Flores settlement requires immigrant children to be held in state-licensed foster care facilities. Immigration detention facilities for adults don't qualify.

On Thursday, the Justice Department asked a federal judge in California to approve a change in the settlement to allow Trump's order to go into effect.

Sec. 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.

In part because of that 20-day limit, the president is asking prosecutors to put family cases to the front of the line, seeking a quick decision on amnesty and deportation.

And here's the fine print

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

All of these provisions are commonly found in most executive orders, and each has its own purpose and history.

Executive Order 9066

The last one, in paragraph (c), is particularly relevant here. It makes clear that immigrant families cannot sue an agency for failing to follow the executive order.

DONALD J. TRUMP
THE WHITE HOUSE,
June 20, 2018.

What the order doesn't say

As important as what's in the executive order is what's not. For example: There's no provision for reunifying families already separated at the border.

The Department of Health and Human Services, which is caring for children of parents accused of crossing the border illegally, says those issues remain unresolved.

'It is still very early and we are awaiting further guidance on the matter,' said Brian Marriott, an HHS spokesman.

Executive Order 13603

United States president Donald Trump signed 18 executive orders and memos in his first 12 days in office, for an average of 1.5 executive actions per day. While that may seem like an unprecedented bombardment of policy, the number of actions signed by Trump is actually one short of his predecessor. In his first 12 days in office in 2009, Barack Obama signed 19 executive actions.

These figures include both executive orders and presidential memos. Both are powerful directives issued by the executive branch; a main difference between them is that presidents typically cite their legal authority in executive orders, but not in presidential memos (other subtle differences between the actions are laid out here). Between Inauguration Day and Jan. 31, Trump signed seven executive orders and 11 memos; in the same time frame, Obama signed nine orders and 10 memos.

Some executive actions are controversial, some are procedural, and some simply reverse orders signed by prior presidents. Each of the past four presidents, for example, have signed an executive action either repealing (Democrats) or reinstating (Republicans) what’s known as the “Mexico City Policy,” a Reagan-era rule that withholds US funds from global organizations that provide abortion services. Trump reinstated the rule with a memo almost immediately after taking office.

Although Trump has signed fewer executive actions than Obama did in his first 12 days, Trump’s have been more varied and impactful. He’s signed an order to build a wall along the US-Mexico border, put in place a temporary ban on all refugees and restrictions on immigration from seven Muslim-majority countries, inked an order that paves the way for the repeal of the Affordable Care Act, green-lit two controversial oil pipelines, and signed an order that dramatically restructures the National Security Council.

By contrast, Obama’s most scrutinized early orders sought to ban the use of torture in enemy interrogations, shut down the Central Intelligence Agency’s overseas prisons, and close Guantanamo Bay within a year. And the idea of closing Guantanamo Bay created enough controversy that, by 2011, Obama had essentially given it up. Today a few dozen detainees still remain at the prison.

Executive Order

Below is a list of executive orders signed by each president since Bill Clinton in their first 12 days in office:

Executive Order 11246