[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8327-8329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01948]
Presidential Documents
Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 8327]]
Proclamation 10886 of January 20, 2025
Declaring a National Emergency at the Southern
Border of the United States
By the President of the United States of America
A Proclamation
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
[[Page 8328]]
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:
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.
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.
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.
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.
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.
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.
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.
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(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.
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.
(Presidential Sig.)
[FR Doc. 2025-01948
Filed 1-28-25; 8:45 am]
Billing code 3395-F4-P