Prosecuting Burning of the American Flag

One-line summary

The order directs the Department of Justice and other federal agencies to prioritize enforcement and prosecution of flag desecration incidents that violate content‑neutral laws or cause harm beyond expression, and authorizes immigration-related remedies for foreign nationals who engage in such conduct.

• Purpose: Describes the American flag as a sacred national symbol, asserts flag burning can be provocative, incite violence, or be used by foreign nationals to intimidate Americans, and notes the Supreme Court has not protected desecration that is likely to incite imminent lawless action or constitute fighting words.
• Enforcement priority: The Attorney General is instructed to prioritize enforcement of criminal and civil laws against acts of flag desecration that violate content‑neutral laws and cause harm unrelated to protected expression (including violent crimes, hate crimes, civil‑rights violations, property offenses, conspiracies, and related aiding and abetting).
• Referrals to state/local authorities: Agencies that determine desecration may violate state or local statutes (e.g., open burning, disorderly conduct, destruction of property) should refer those matters to appropriate state or local authorities.
• Litigation and First Amendment: DOJ may pursue litigation to clarify the scope of First Amendment exceptions applicable to desecration cases.
• Immigration consequences: The Secretary of State, Attorney General, and Secretary of Homeland Security may deny, revoke, or terminate visas, residency, naturalization, or other immigration benefits, or seek removal when foreign nationals have engaged in flag‑desecration activity and remedies are permitted by federal law.
• Severability and implementation: Contains a severability clause; implementation is subject to applicable law and availability of appropriations; the order does not create private enforceable rights and publication costs are to be borne by the Department of Justice.

• Actions are constrained by the Constitution and existing Supreme Court precedent; the order emphasizes pursuing enforcement only to the extent permitted by law.
• Many measures depend on interagency coordination (DOJ, DOS, DHS) and referrals to state/local authorities where appropriate.