Executive Order 13993 · Signed Jan 20, 2021

86 FR 7051 · Published Jan 25, 2021 · Effective on signing

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Revision of Civil Immigration Enforcement Policies and Priorities

immigration enforcementinterior enforcementsanctuary citiesexecutive order revocation

Signed by President Joseph R. Biden Jr.

The order revokes Executive Order 13768 of January 2017, which had broadly expanded interior immigration enforcement priorities and directed agencies to treat nearly all undocumented immigrants as enforcement priorities.

It resets the administration's civil immigration enforcement posture to emphasize national security, border security, public health and safety, and due process — and directs agencies to review all guidance issued under the revoked order and update it accordingly.

What this order does

What it orders

The order revokes EO 13768 ("Enhancing Public Safety in the Interior of the United States"), which the Trump administration had used to dramatically expand civil immigration enforcement priorities and threaten sanctuary jurisdictions with loss of federal funding. With that order gone, its enforcement framework no longer has executive-branch authority. The order then directs the Secretaries of State and Homeland Security, the Attorney General, the Directors of OMB and OPM, and other relevant agency heads to review all agency actions that were developed under EO 13768 and to take appropriate follow-on steps — including issuing revised guidance — consistent with the new policy priorities.

The order does not itself specify new enforcement criteria or standards; the actual operational changes depend on agencies completing their reviews and issuing replacement guidance. Standard severability and no-private-right-of-action clauses apply, and implementation is subject to available appropriations.

Who it affects

Federal agencies responsible for immigration enforcement and related policy, including the Department of Homeland Security, Department of Justice, and Department of State. Undocumented immigrants living in the U.S. interior, state and local governments previously subject to sanctuary-city funding threats, and communities with large immigrant populations are also directly affected.

Why it matters

The revocation immediately strips the 2017 order's broad interior enforcement mandate and its mechanism for threatening sanctuary cities with funding cuts. Undocumented immigrants who were previously low-level enforcement priorities under EO 13768 may face changed enforcement exposure once agencies issue updated guidance.

What must happen and when

How the order is supposed to work

The revocation of EO 13768 takes effect immediately upon signing. Agencies then move in parallel: each must review its own actions, rules, and guidance that were developed under the revoked order and determine what to revise. No mandatory deadline is set, so the pace depends on each agency head. Revised guidance must be consistent with applicable law. The order contains no enforcement mechanism to compel timely completion of agency reviews.

Actions and deadlines

  • Review all agency actions developed under EO 13768 and issue revised guidance as appropriateNo deadline specified

Agencies directed to act

Department of StateDepartment of JusticeDepartment of Homeland SecurityOffice of Management and BudgetOffice of Personnel Management

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

What this order changes

Revokes Executive Order 13768

Executive Order

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Executive Order 13993: Revision of Civil Immigration Enforcement Policies and Priorities | EO Reporter