Prosecuting Burning Of The American Flag

The order directs stronger enforcement when flag desecration also violates content-neutral criminal, civil, or immigration laws, while requiring compliance with the First Amendment.

What the order does ​

• Directs the Attorney General to prioritize cases involving flag desecration connected to violence, civil-rights violations, property crimes, public-order offenses, conspiracies, or related unlawful conduct.
• Requires federal agencies to refer possible violations of state or local laws, including open-burning, disorderly-conduct, and property-destruction laws, to the appropriate authorities.
• Directs the Attorney General to prosecute applicable offenses vigorously and permits litigation to clarify relevant First Amendment exceptions.
• Directs federal officials to deny, end, or revoke immigration benefits, or seek removal, when a lawful determination permits consequences for a foreign national’s flag-desecration activity.

Who it affects ​

• People whose flag-desecration conduct also violates applicable criminal, civil, property, public-order, or civil-rights laws.
• Foreign nationals whose conduct provides a lawful basis for visa, residency, naturalization, immigration-benefit, or removal action.
• Federal, state, and local authorities responsible for enforcement and referrals.