DECLARING A NATIONAL EMERGENCY AT THE SOUTHERN BORDER OF THE UNITED STATES
President Donald J. Trump declared a national emergency at the southern border of the United States, citing an invasion by cartels, criminal gangs, and terrorists, resulting in widespread chaos and violence.
The declaration authorizes the military to assist the Department of Homeland Security in securing the border.
The action includes the deployment of military personnel, construction of additional physical barriers, the use of unmanned aerial systems, and revisions of security policies and strategies.
The proclamation also revokes a previous order that terminated an emergency at the southern border and redirected funds.
Arguments For
- Intended benefits: Increased border security, reduced illegal immigration, combating drug trafficking and human smuggling, protection of national security.
- Evidence cited: The proclamation cites widespread chaos, violence, and the flow of illicit narcotics across the border, resulting in harm to American citizens.
- Implementation methods: Deployment of Armed Forces, construction of additional physical barriers, use of unmanned aerial systems (UAS), revision of policies and strategies.
- Legal/historical basis: The proclamation cites the National Emergencies Act (50 U.S.C. 1601 et seq.), sections 201 and 301, and section 12302 of title 10, United States Code, among other legal authorities.
Arguments Against
- Potential impacts: Potential for human rights abuses, increased militarization of the border, infringement on states' rights, financial costs and budgetary strain, negative diplomatic relations with Mexico.
- Implementation challenges: Logistical difficulties in deploying and managing troops at the border, potential legal challenges to the use of military force in domestic matters, difficulties in construction projects due to environmental concerns, public opposition and legal challenges.
- Alternative approaches: Enhanced border security measures without military involvement, diplomatic solutions with neighboring countries, addressing root causes of migration through foreign aid and development assistance, comprehensive immigration reform.
- Unintended effects: Escalation of tensions with Mexico, potential for human rights violations due to increased border security, financial burdens on states hosting troops, negative perception internationally leading to diplomatic consequences.
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby proclaim:
America’s sovereignty is under attack. Our southern border is overrun by cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics that harm Americans, including America.
This invasion has caused widespread chaos and suffering in our country over the last 4 years. It has led to the horrific and inexcusable murders of many innocent American citizens, including women and children, at the hands of illegal aliens. Foreign criminal gangs and cartels have begun seizing control of parts of cities, attacking our most vulnerable citizens, and terrorizing Americans beyond the control of local law enforcement. Cartels control vast territories just south of our southern border, effectively controlling who can and cannot travel to the United States from Mexico. Hundreds of thousands of Americans have tragically died from drug overdoses because of the illicit narcotics that have flowed across the southern border.
This assault on the American people and the integrity of America’s sovereign borders represents a grave threat to our Nation.
Because of the gravity and emergency of this present danger and imminent threat, it is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border.
To protect the security and safety of United States citizens, to protect each of the States against invasion, and to uphold my duty to take care that the laws be faithfully executed, it is my responsibility as President to ensure that the illegal entry of aliens into the United States via the southern border be immediately and entirely stopped.
As Commander in Chief, I have no more solemn duty than to protect the American people.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense. To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments. I hereby direct as follows:
The President declares a national emergency at the Southern border due to what he describes as an invasion by cartels, criminal groups, and terrorists leading to significant harm to American citizens.
This declaration asserts that the situation necessitates military intervention to assist in regaining control of the border.
The President emphasizes the need to protect the nation's security and uphold the laws through the immediate halting of illegal entry.
Section 1. Deployment of Personnel and Resources. The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Armed Forces, including the Ready Reserve and the National Guard, as the Secretary of Defense determines to be appropriate to support the activities of the Secretary of Homeland Security in obtaining complete operational control of the southern border of the United States. The Secretary of Defense shall further take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including through the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
This section directs the Secretary of Defense to deploy military personnel, including the Ready Reserve and National Guard, to support the Department of Homeland Security's efforts to gain full control of the southern border.
The military will also provide resources such as transportation and detention facilities to support civilian law enforcement.
Sec. 2. Additional Physical Barriers. The Secretaries of Defense and Homeland Security shall immediately take all appropriate action, consistent with law, including 10 U.S.C. 2214, to construct additional physical barriers along the southern border. To the extent possible, the Secretaries of Defense and Homeland Security shall coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
The Secretaries of Defense and Homeland Security are instructed to build additional physical barriers along the southern border, coordinating with willing state governors.
This section highlights the construction of a border wall as a key component.
Sec. 3. Unmanned Aerial Systems. The Secretary of Transportation and the Federal Communications Commission shall, consistent with applicable law, consider waiving all applicable Federal Aviation Administration and Federal Communications Commission regulations or policies, respectively, that restrict the Department of Homeland Security’s ability to counter unmanned aerial systems within 5 miles of the southern border.
This section mandates the review and potential waiver of FAA and FCC regulations limiting the DHS ability to counteract drones near the southern border.
This aims to enhance surveillance.
Sec. 4. Revision of Policies and Strategies. The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, shall take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.
The Secretaries of Defense and Homeland Security, in consultation with the Attorney General, are to revise policies to prioritize preventing illegal entry and ensuring the safety of personnel involved in border security.
Sec. 5. Revocation. Proclamation 10142 of January 20, 2021 (Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction), is hereby revoked.
This section revokes a prior presidential proclamation (Proclamation 10142) that ended the national emergency at the southern border and redirected funds allocated for border wall construction.
Sec. 6. Reporting Requirement. (a) Within 30 days of the date of this proclamation, the Secretary of Defense shall submit to the President, through the Homeland Security Advisor, a report outlining all actions taken to fulfill the requirements and objectives of this proclamation; and
(b) Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807.
This section establishes reporting requirements.
The Secretary of Defense must report on actions taken within 30 days.
A joint report from the Secretaries of Defense and Homeland Security, including a potential recommendation to invoke the Insurrection Act, is required within 90 days.
Sec. 7. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation 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 contains general provisions clarifying that the proclamation does not affect existing authorities or create any new legal rights or benefits.
Implementation is subject to existing laws and budget appropriations.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.
This is the closing statement of the presidential proclamation containing the date of issuance.