SECURING OUR BORDERS
This executive order outlines a comprehensive strategy to bolster national border security.
It mandates the construction of physical barriers, increases personnel deployment, implements stricter detention policies, reinstates the Migrant Protection Protocols, and overhauls parole processes.
The order aims to address illegal immigration and related security threats by deterring crossings and facilitating the swift removal of those apprehended.
International cooperation and improved identification technologies are also prioritized.
Arguments For
- Intended benefits: Enhanced border security, reduced illegal immigration, improved national security by deterring criminal activity and potential threats, protection of national sovereignty.
- Evidence cited: The order cites a perceived "large-scale invasion" over the past 4 years, resulting in millions of illegal entries and related security concerns.
- Implementation methods: Construction of physical barriers, increased personnel deployment, stricter detention policies, expanded international cooperation, resumption of the Migrant Protection Protocols (MPP), and revised parole policies.
- Legal/historical basis: The order is based on the President's constitutional authority and specific provisions of the Immigration and Nationality Act (INA) and 3 U.S.C. § 301.
Arguments Against
- Potential impacts: Potential strain on resources (financial and human), humanitarian concerns regarding the treatment of asylum seekers and migrants, potential legal challenges to the legality of some measures, possible escalation of tensions with neighboring countries.
- Implementation challenges: Logistical challenges in constructing and maintaining border barriers, the possibility of encountering resistance from individuals and groups opposing border enforcement measures, difficulty in predicting and effectively addressing any unintended consequences.
- Alternative approaches: Investing in comprehensive immigration reform, prioritizing the processing of asylum claims efficiently, focusing on stronger diplomatic relations with countries of origin to address root causes of migration.
- Unintended effects: The order's increased border enforcement might lead to human rights violations against migrants, increased costs for taxpayers, potential negative economic consequences, and increased pushback from immigrant communities and advocacy groups.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, it is hereby ordered:
Section 1. Purpose. Over the last 4 years, the United States has endured a large-scale invasion at an unprecedented level. Millions of illegal aliens from nations and regions all around the world successfully entered the United States where they are now residing, including potential terrorists, foreign spies, members of cartels, gangs, and violent transnational criminal organizations, and other hostile actors with malicious intent.
Deadly narcotics and other illicit materials have flowed across the border while agents and officers spend their limited resources processing illegal aliens for release into the United States. These catch-and-release policies undermine the rule of law and our sovereignty, create substantial risks to public safety and security, and divert critical resources away from stopping the entry of contraband and fugitives into the United States.
We have limited information on the precise whereabouts of a great number of these illegal aliens who have entered the United States over the last 4 years.
This cannot stand. A nation without borders is not a nation, and the Federal Government must act with urgency and strength to end the threats posed by an unsecured border.
One of my most important obligations is to protect the American people from the disastrous effects of unlawful mass migration and resettlement.
My Administration will marshal all available resources and authorities to stop this unprecedented flood of illegal aliens into the United States.
This section establishes the executive order's purpose and rationale.
It expresses concerns about a perceived surge in illegal immigration over the past four years, attributing it to a wide range of security risks and suggesting that 'catch-and-release' policies are ineffective and undermine national security.
The section emphasizes the President's obligation to protect citizens and vows to address the situation using all available resources.
Sec. 2. Policy. It is the policy of the United States to take all appropriate action to secure the borders of our Nation through the following means:
(a) Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology;
(b) Deterring and preventing the entry of illegal aliens into the United States;
(c) Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States;
(d) Removing promptly all aliens who enter or remain in violation of Federal law;
(e) Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States;
(f) Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration priorities; and
(g) Obtaining complete operational control of the borders of the United States.
This section lays out the overarching policy goals.
The administration aims to secure the nation's borders through several key actions: building physical barriers, preventing illegal entry, detaining apprehended individuals, promptly removing those violating federal law, prosecuting offenders, collaborating with state and local law enforcement, and ultimately gaining complete control over the borders.
Sec. 3. Physical Barriers. The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate action to deploy and construct temporary and permanent physical barriers to ensure complete operational control of the southern border of the United States.
This section directs the Secretaries of Defense and Homeland Security to construct and deploy both temporary and permanent physical barriers along the US southern border to achieve complete border control.
Sec. 4. Deployment of Personnel. (a) The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate and lawful action to deploy sufficient personnel along the southern border of the United States to ensure complete operational control; and
(b) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to supplement available personnel to secure the southern border and enforce the immigration laws of the United States through the use of sections 1103(a)(2) and (4)-(6) of the INA (8 U.S.C. 1103(a)(2) and (4)-(6)).
This section addresses personnel deployment.
It instructs the Secretaries of Defense and Homeland Security to deploy sufficient personnel to the southern border, and it empowers the Attorney General and Homeland Security Secretary to further augment personnel using specific provisions within the INA (Immigration and Nationality Act).
Sec. 5. Detention. The Secretary of Homeland Security shall take all appropriate actions to detain, to the fullest extent permitted by law, aliens apprehended for violations of immigration law until their successful removal from the United States. The Secretary shall, consistent with applicable law, issue new policy guidance or propose regulations regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch-and-release,” whereby illegal aliens are routinely released into the United States shortly after their apprehension for violations of immigration law.
This section focuses on detention policies.
The Secretary of Homeland Security is directed to detain apprehended individuals to the fullest extent possible until removal.
The order also calls for the termination of 'catch-and-release' practices.
Sec. 6. Resumption of Migrant Protection Protocols. As soon as practicable, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall take all appropriate action to resume the Migrant Protection Protocols in all sectors along the southern border of the United States and ensure that, pending removal proceedings, aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came.
The order directs the Secretaries of Homeland Security, State, and the Attorney General to reinstate the Migrant Protection Protocols (MPP) along the southern border, returning asylum seekers to their country of origin until their immigration case is resolved.
Sec. 7. Adjusting Parole Policies. The Secretary of Homeland Security shall, consistent with applicable law, take all appropriate action to:
(a) Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States;
(b) Terminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.”;
(c) Align all policies and operations at the southern border of the United States to be consistent with the policy of Section 2 of this order and ensure that all future parole determinations fully comply with this order and with applicable law.
This section focuses on adjustments to parole policies.
The Secretary of Homeland Security must discontinue using the CBP One app for parole decisions, terminate certain categorical parole programs and ensure all future parole decisions align with the order's overall policy objectives.
Sec. 8. Additional International Cooperation. The Secretary of State, in coordination with the Attorney General and the Secretary of Homeland Security, shall take all appropriate action to facilitate additional international cooperation and agreements, consistent with the policy of Section 2, including entering into agreements based upon the provisions of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)) or any other applicable provision of law.
The Secretaries of State, the Attorney General and Homeland Security are tasked with improving international cooperation and agreements in line with the broader policy aims, using the authority granted under Section 208(a)(2)(A) of the INA or any other suitable provisions.
Sec. 9. DNA and Identification Requirements. (a) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, title X of Public Law 109-162, for all aliens detained under the authority of the United States; and
(b) The Secretary of Homeland Security shall take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security.
This section details DNA and identification measures.
The Attorney General and Secretary of Homeland Security are directed to comply with the DNA Fingerprint Act of 2005 for all detained aliens, and the Secretary of Homeland Security is to use available technologies to verify claimed family relationships.
Sec. 10. Prosecution of Offenses. The Attorney General and the Secretary of Homeland Security shall take all appropriate action to prioritize the prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.
This section prioritizes the prosecution of border-related crimes, including those linked to human smuggling, trafficking, and sex trafficking.
Sec. 11. Additional Measures. Within 14 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall provide recommendations to the President regarding the use of any other authority to protect the United States from foreign threats and secure the southern border.
Four cabinet secretaries are given 14 days to suggest further measures to enhance national security and border protection.
Sec. 12. 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.
THE WHITE HOUSE,
January 20, 2025.
This section contains general provisions.
It clarifies that the order does not override existing legal authorities, is subject to available funding and does not create any new legal rights or benefits.