Progress on the Situation at Our Northern Border
On February 1, 2025, the President imposed tariffs on Canadian goods due to concerns about drug and human trafficking.
This order pauses those tariffs until March 4, 2025, to assess Canada's response to the crisis.
The pause allows for further evaluation of Canada's actions to mitigate the issues affecting the US border, and the tariffs will be reinstated if the situation worsens or insufficient action is taken.
Arguments For
- Intended benefits: The pause allows time to evaluate the effectiveness of Canadian actions to address illegal migration and drug trafficking, potentially avoiding unnecessary economic disruption.
- Evidence cited: The order references the President's February 1, 2025 determination of an unusual and extraordinary threat and cites specific sections of relevant laws (IEEPA, National Emergencies Act, Trade Act of 1974, title 3 of the US Code).
- Implementation methods: A temporary pause on tariffs, followed by reassessment and potential re-implementation.
- Legal/historical basis: The order clearly states its authority under several Acts of Congress, providing a solid legal foundation.
Arguments Against
- Potential impacts: The initial tariffs could negatively impact US-Canada trade relations and the US economy. The delay might not provide enough time to effectively assess the situation.
- Implementation challenges: Monitoring the situation at the border and evaluating the adequacy of Canada's steps will require significant resources and coordination across governmental agencies.
- Alternative approaches: Diplomatic pressure and enhanced border security cooperation might be considered alongside (or instead of) economic sanctions.
- Unintended effects: Economic hardship for Canadian businesses and consumers, potential retaliatory measures from Canada, and a lack of clear resolution to the underlying issues.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, it is hereby ordered:
This introductory section establishes the legal basis for the presidential order.
It cites several acts of Congress, granting the president the authority to take the actions described in the subsequent sections.
Section 1. Background. On February 1, 2025, I determined that the failure of Canada to arrest, seize, detain, or otherwise intercept drug trafficking organizations, other drug and human traffickers, criminals at large, and illicit drugs constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. To address that threat, I invoked my authority under section 1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on articles that are products of Canada.
This section provides the background for the order.
It explains that tariffs were initially imposed on February 1st, 2025, due to Canada's insufficient response to drug and human trafficking, posing a threat to US national security, foreign policy, and economy.
The president's actions are justified under the International Emergency Economic Powers Act (IEEPA).
Sec. 2. Immediate Steps. Pursuant to section 3 of my Executive Order of February 1, 2025, titled “Imposing Duties to Address the Situation at Our Northern Border” (“the Executive Order of February 1, 2025”), I have determined that the Government of Canada has taken immediate steps designed to alleviate the illegal migration and illicit drug crisis through cooperative actions. Further time is needed, however, to assess whether these steps constitute sufficient action to alleviate the crisis and resolve the unusual and extraordinary threat beyond our northern border.
This section notes that Canada has taken steps to address the crisis, but more time is needed to evaluate their effectiveness.
It references a prior executive order from February 1, 2025, outlining the initial actions taken in response to the situation.
Sec. 3. Pause. (a) In recognition of the steps taken by the Government of Canada, and in order to assess whether the threat described in section 1 of this order has abated, the additional 25 percent ad valorem rates of duty, and 10 percent ad valorem rates of duty as to energy products, shall be paused and will not take effect until March 4, 2025, at 12:01 a.m. eastern time. Accordingly, section 2(a), section 2(b), section 2(e), and section 2(f) of the Executive Order of February 1, 2025, are amended by striking the term “February 4, 2025,” where it appears in those sections and inserting in lieu thereof the term “March 4, 2025.” The exceptions set forth in section 2(a) and section 2(b) of the Executive Order of February 1, 2025, related to covered goods loaded onto a vessel at a port of entry or in transit on the final mode of transport prior to entry into the United States are, hereby, withdrawn. (b) During this pause, the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the Assistant to the President for National Security Affairs, and the Assistant to the President for Homeland Security shall continue to assess the situation at our northern border, as provided in section 3 of the Executive Order of February 1, 2025. (c) If the illegal migration and illicit drug crises worsen, and if the Government of Canada fails to take sufficient steps to alleviate these crises, the President shall take necessary steps to address the situation, including by immediate implementation of the tariffs described in the Executive Order of February 1, 2025.
This section details the pause of the previously imposed tariffs until March 4, 2025.
The pause allows for an assessment of whether Canada's actions have sufficiently addressed the threat.
Specific government agencies are tasked with continuing to monitor the situation.
If the situation worsens or Canada does not take sufficient actions, the tariffs will be reinstated.
Sec. 4. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.
This is a standard severability clause.
It ensures that if any part of the order is deemed invalid, the rest of the order remains in effect.
Sec. 5. General Provisions. (a) Nothing in this order 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 order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order 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 the order's scope, ensuring compliance with existing laws, and stating that it doesn't create any new legal rights.