Progress on the Situation at Our Southern Border
This presidential order pauses previously imposed tariffs on Mexican goods.
The pause allows for assessment of Mexico's response to the illegal immigration and drug trafficking crisis at the US-Mexico border.
If Mexico's actions are deemed insufficient, the tariffs will be reinstated.
The order cites the International Emergency Economic Powers Act, the National Emergencies Act, and sections of the Trade Act of 1974 and Title 3 of the US Code as legal basis.
Arguments For
- Intended benefits: The pause allows for assessment of Mexico's actions and potential de-escalation of tensions. Continued monitoring enables a more informed response to the ongoing crisis.
- Evidence cited: The President cites the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and sections of the Trade Act of 1974 and Title 3, United States Code as legal basis for the actions. The order references an earlier Executive Order detailing the imposition of tariffs.
- Implementation methods: The order pauses tariff implementation, allowing for a period of monitoring and assessment. Clearly defined roles are given to relevant cabinet members in this monitoring process. This offers a more measured approach as opposed to immediate and potentially drastic measures.
- Legal/historical basis: The actions are based on multiple existing laws and presidential authority, providing a legal framework for the decision. The prior Executive Order referencing tariffs provides additional context.
Arguments Against
- Potential impacts: The pause could embolden drug trafficking and illegal migration if not coupled with sufficient countermeasures. The delay in tariff implementation might harm specific sectors of the US economy reliant on Mexican imports.
- Implementation challenges: Accurately assessing the situation at the border requires reliable data, which may be difficult to obtain comprehensively. Cooperation from the Mexican government is crucial for successful implementation.
- Alternative approaches: Diplomatic solutions, increased border security measures, and investments in socioeconomic development in Central America might address the root causes of migration and trafficking. Exploring other forms of economic sanctions, or targeted sanctions against specific actors, could be explored instead of broadly levied tariffs.
- Unintended effects: The delayed tariff implementation could create uncertainty in the market and affect business planning on both sides of the border. It could also lead to unintended negative consequences for other aspects of US-Mexico relations.
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 President's actions, citing several US laws granting executive authority in situations of national emergency or trade imbalances.
On February 1, 2025, I determined that the failure of Mexico to arrest, seize, detain, or otherwise intercept Mexican 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 Mexico.
The President explains the rationale behind the original tariff imposition on February 1st, 2025.
Mexico's failure to control drug and human trafficking is identified as an 'unusual and extraordinary threat' to US national security, foreign policy, and economy.
The International Emergency Economic Powers Act (IEEPA) provided legal justification for the tariffs.
Pursuant to section 3 of my Executive Order of February 1, 2025, titled “Imposing Duties to Address the Situation at Our Southern Border” (“the Executive Order of February 1, 2025”), I have determined that the Government of Mexico 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 southern border.
This section acknowledges Mexico's recent actions to improve the situation.
However, more assessment is needed before determining whether the situation is sufficiently improved and whether the threat has been resolved.
(a) In recognition of the steps taken by the Government of Mexico, and in order to assess whether the threat described in section 1 of this order has abated, the additional 25 percent ad valorem rate of duty shall be paused and will not take effect until March 4, 2025, at 12:01 am eastern time. Accordingly, sections 2(a), sections 2(d), and section 2(e) 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) 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 southern 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 Mexico 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 25% tariff until March 4th, 2025.
This pause allows for an assessment of the effectiveness of Mexico's actions, and relevant government agencies are directed to monitor the situation.
If the situation worsens, the tariffs will be re-implemented.
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 section is a severability clause, stating that if any part of the order is deemed invalid, the rest of the order remains in effect.
(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 includes general provisions.
It clarifies that the order does not supersede existing legal authorities within government agencies, implementation is subject to available funding, and does not create any legally enforceable rights.