Prosecuting Burning of the American Flag

The order directs the Attorney General to make prosecution of flag desecration a priority where the conduct also violates content-neutral laws — including violent crimes, hate crimes, property destruction, disorderly conduct, and civil rights violations — consistent with the First Amendment. It requires agencies to refer cases involving potential state or local law violations to the appropriate state or local authority, and authorizes the Attorney General to pursue litigation to clarify the scope of First Amendment exceptions, such as incitement to imminent lawless action and fighting words.

Separately, it directs the Secretary of State, Attorney General, and Secretary of Homeland Security to deny, revoke, or terminate visas, immigration benefits, and naturalization proceedings — and to seek removal — for foreign nationals determined to have engaged in flag desecration under circumstances permitting such remedies under several named federal immigration statutes. A standard severability clause ensures that invalidation of one provision leaves the remainder in force.

Individuals who burn or desecrate the American flag in ways that also violate existing content-neutral laws, and foreign nationals who engage in flag desecration and hold U.S. visas, residency permits, or pending naturalization proceedings. State and local law enforcement agencies may receive federal referrals in applicable cases.

Foreign nationals who desecrate the flag now face a coordinated federal effort to revoke visas, terminate immigration benefits, and pursue removal under existing immigration statutes. People whose flag-burning conduct also violates property, public order, or hate-crime laws face elevated federal prosecution priority.

The Attorney General leads domestic enforcement, using existing content-neutral criminal and civil laws as the legal hook — no new statute is created. Agencies that spot potential state or local violations must refer those cases rather than let them lapse. On the immigration side, three secretaries coordinate under named federal immigration statutes; the order does not specify a timeline or review procedure but requires action whenever an "appropriate determination" has been made. A severability clause limits court-ordered rollback to any provision specifically invalidated.