Military Mission for Sealing the Southern Border of the United States and Repelling Invasions
This Presidential Memorandum directs the military to take a more active role in securing the US Southern border.
It grants the Department of Defense jurisdiction over certain Federal lands to facilitate border security operations, including construction and surveillance.
The memorandum details phased implementation, starting in a limited sector before expanding, while clarifying that actions are consistent with existing laws and subject to budgetary approvals.
Arguments For
National Security: The memorandum argues that the southern border is under attack, necessitating a more direct military role to protect national security and territorial integrity.
Sovereignty and Integrity: It asserts the President's constitutional authority to utilize the military to defend the nation's borders and maintain sovereignty.
Effective Enforcement: The document suggests that deploying the military will be a more effective method of preventing illegal border crossings and addressing security threats than previous methods.
Legal Basis: The memorandum cites Executive Order 14167 and Proclamation 10886 as legal justification for the actions described.
Arguments Against
Overreach of Executive Power: Critics may argue that the memorandum constitutes an overreach of executive power, potentially infringing on the roles of other government branches or agencies.
Potential for Abuse: The broad authority granted to the military could raise concerns about potential human rights abuses or excessive force against migrants or civilians.
Escalation of Tensions: Such a direct military presence at the border could be viewed as an escalation of tensions and a negative impact on diplomatic relations with neighboring countries.
Cost and Resource Allocation: The undertaking might be criticized for its financial impact and potential misallocation of military resources that could be used for other purposes.
MEMORANDUM FOR THE SECRETARY OF DEFENSE THE SECRETARY OF THE INTERIOR THE SECRETARY OF AGRICULTURE THE SECRETARY OF HOMELAND SECURITY
SUBJECT: Military Mission for Sealing the Southern Border of the United States and Repelling Invasions
As the Chief Executive and Commander in Chief, the United States Constitution empowers me to direct the various elements of the executive branch to protect our homeland and ensure the territorial integrity and sovereignty of the United States in the manner I deem most efficient and effective, consistent with applicable law. Our southern border is under attack from a variety of threats. The complexity of the current situation requires that our military take a more direct role in securing our southern border than in the recent past. Through Executive Order 14167 of January 20, 2025 (Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States), I assigned the Armed Forces of the United States the military missions of repelling the invasion and sealing the United States southern border from unlawful entry to maintain the sovereignty, territorial integrity, and security of the United States. This memorandum provides additional guidance on securing the southern border to the heads of certain executive departments.
This memorandum assigns the military a mission to secure the Southern US border, citing the President's constitutional authority.
It acknowledges existing threats and the need for a more significant military role than before, referencing previous executive orders granting the military such authority.
Section 1. Policy. (a) to accomplish the military missions described in Executive Order 14167, and to ensure the safety and security of the military and other Federal personnel in areas of military operations within Federal lands along the southern border, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Homeland Security shall take all appropriate actions:
(i) to provide for the use and jurisdiction by the Department of Defense over such Federal lands, including the Roosevelt Reservation and excluding Federal Indian Reservations, that are reasonably necessary to enable military activities directed in this memorandum, including border-barrier construction and emplacement of detection and monitoring equipment; and
(ii) to provide for transfer and acceptance of jurisdiction over such Federal lands in accordance with applicable law to enable military activities directed in this memorandum to occur on a military installation under the jurisdiction of the Department of Defense and for the designation of such Federal lands as National Defense Areas by the Secretary of Defense.
(b) The Secretary of the Interior shall allow the Secretary of Defense to use those portions of the Roosevelt Reservation not yet transferred or withdrawn under this memorandum. In accordance with Proclamation 10886 of January 20, 2025 (Declaring a National Emergency at the Southern Border of the United States), 43 U.S.C. 155 is hereby invoked and the Secretary of the Interior may make withdrawals, reservations, and restrictions of public lands to provide for the utilization of public lands by the Department of Defense to address the emergency at the southern border, without regard to any limitation on withdrawals otherwise applicable under the terms of the Engle Act, 43 U.S.C. 155-158.
(c) The Secretary of Defense may determine those military activities that are reasonably necessary and appropriate to accomplish the mission assigned in Executive Order 14167 and that are necessary to protect and maintain the security of military installations, consistent with section 2672 of title 10, United States Code, and the longstanding authority of a military installation commander to exclude persons from a military installation, as recognized in section 21 of the Internal Security Act of 1950 (50 U.S.C. 797) and 18 U.S.C. 1382.
(d) In carrying out activities under this memorandum, members of the Armed Forces will follow rules for the use of force prescribed by the Secretary of Defense.
This section outlines the policy for accomplishing the military mission.
It assigns responsibilities to various Secretaries to provide the Department of Defense with jurisdiction over federal lands for border security activities.
Specific actions include border barrier construction and installing detection equipment.
It also clarifies the authority of the Secretary of Defense to approve military activities and the rules of engagement for military personnel.
Sec. 2. Phased Implementation. The Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Homeland Security will initially implement this memorandum on a limited sector of Federal lands designated by the Secretary of Defense. Within 45 days of the date of this memorandum, the Secretary of Defense shall assess this initial phase. At any time, the Secretary of Defense may extend activities under this memorandum to additional Federal lands along the southern border in coordination with the Secretary of Homeland Security, the Assistant to the President and Homeland Security Advisor, and other executive departments and agencies as appropriate.
This section details a phased implementation plan.
Initially, the plan will focus on a small area of federal land and be assessed after 45 days.
The Secretary of Defense is authorized to expand the military's activities to other federal lands along the southern border after coordination with relevant agencies.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority of the Secretary of Defense to authorize and request that State Governors order members of the National Guard under authority of title 32 of the United States Code to conduct Department of Defense activities, including as appropriate to support law enforcement activities under the responsibility of the Attorney General or the Secretary of Homeland Security, if requested by such official;
(ii) the authority granted by law to an executive department or agency, or the head thereof; or
(iii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section clarifies that the memorandum doesn't override already existing laws or authorities of other agencies.
It emphasizes that implementation must comply with all applicable laws, and is contingent on funding availability.
Finally, it also states that the memorandum doesn't create any legal rights for any party against the US government.