This order directs federal officials to prioritize existing laws against flag-related violence and other unlawful conduct, and to use available immigration remedies in some cases.
Federal prosecutors must prioritize existing criminal and civil laws when flag desecration also involves violence, discrimination, property crimes, or other conduct outside protected expression.
Federal agencies must send possible state or local violations involving flag desecration to the proper authorities, but those authorities still decide whether to act.
After an appropriate legal determination, officials may deny immigration benefits or seek removal of foreign nationals whose flag-desecration activity fits federal immigration grounds.
The Attorney General must prioritize enforcing applicable laws in these cases. Covered conduct includes violence, hate crimes, illegal discrimination, civil-rights violations, property crimes, peace violations, conspiracies, attempts, and aiding or helping others commit such crimes. Enforcement must follow the First Amendment and other applicable law. The order targets harm unrelated to expression, rather than flag burning alone. The direction begins under the order signed August 25, 2025; no end date is stated.
Federal agencies must refer possible state or local violations for potential action. Examples include open-burning restrictions, disorderly-conduct laws, and property-destruction laws. A referral does not require state or local officials to bring a case. The possible violation must involve an applicable state or local law. The referral direction applies whenever an agency determines that the conduct may violate state or local law.
The Secretaries of State and Homeland Security and the Attorney General must use available immigration remedies when federal law permits. Possible actions include denying or ending visas, residence permits, naturalization proceedings, and other immigration benefits, or seeking removal from the United States. The person must be a foreign national. An appropriate determination must establish conduct covered by federal immigration law. Officials must act within their separate legal authorities and applicable federal law. The direction applies when the required determination has been made; the order sets no separate deadline or end date.