Executive Order 13888-Enhancing State and Local Involvement in Refugee Resettlement
Issued 2019-09-26 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13888 changes how the federal government decides where to resettle refugees in the United States by requiring written consent from both state and local governments before refugees can be placed in their communities. The order directs the Secretary of State and Secretary of Health and Human Services to create a process for obtaining this consent and to publicly release any agreements from states and localities. The stated purpose is to ensure refugees are resettled only in communities that are "eager and equipped to support their successful integration into American society and the labor force."
This order affects refugees seeking resettlement in the United States and the state and local governments where they might be placed. According to the order, state and local governments are best positioned to know what resources and capacities they have available to support refugee resettlement. Some states and localities had viewed existing consultation processes as insufficient, prompting this change to give them a more clearly defined role in refugee placement decisions.
The order matters because it fundamentally alters the refugee resettlement process by giving state and local governments potential veto power over refugee placement in their jurisdictions. The President claims broad discretion over refugee placement under the Constitution and the Immigration and Nationality Act. However, immigration executive orders frequently face legal challenges over whether they properly implement existing laws or exceed the President's authority.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13888 ("Executive Order 13888-Enhancing State and Local Involvement in Refugee Resettlement") directs federal immigration policy. The stated rationale: "Close cooperation with State and local governments ensures that refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force." The Immigration and Nationality Act grants the President significant authority over immigration enforcement, entry suspension, and refugee admissions. Section 212(f) in particular gives broad power to restrict entry of aliens deemed detrimental to U.S. interests.
Immigration executive orders frequently face legal challenges. Courts examine whether the order implements existing immigration statutes (generally acceptable) or creates new categories and policies Congress has not authorized (potentially overreaching). The Supreme Court has upheld broad presidential immigration authority in cases like Trump v. Hawaii (2018), while lower courts have struck down orders that exceed statutory limits or discriminate unconstitutionally.
Official Summary
Administration of Donald J. Trump, 2019 Executive Order 13888—Enhancing State and Local Involvement in Refugee Resettlement September 26, 2019 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1 . Purpose . In resettling refugees into American communities, it is the policy of the United States to cooperate and consult with State and local governments, to take into account the preferences of State governments, and to provide a pathway for refugees to become self-sufficient. These policies support each other. Close cooperation with State and local governments ensures that refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force. The Federal Government consults with State and local governments not only to identify the best environments for refugees, but also to be respectful of those communities that may not be able to accommodate refugee resettlement. State and local governments are best positioned to know the resources and capacities they may or may not have available to devote to sustainable resettlement, which maximizes the likelihood refugees placed in the area will become self-suf