[House Document 116-9]
[From the U.S. Government Publishing Office]




116th Congress, 1st Session - - - - - - - - - - House Document 116-9
 
 DECLARING A NATIONAL EMERGENCY CONCERNING THE SOUTHERN BORDER OF THE 
                             UNITED STATES

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

A DECLARATION OF A NATIONAL EMERGENCY CONCERNING THE SOUTHERN BORDER OF 
 THE UNITED STATES, PURSUANT TO 50 U.S.C. 1621(a); PUBLIC LAW 94-412, 
                      SEC. 201(a); (90 STAT. 1255)









[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








  February 15, 2019.--Referred to the Committee on Armed Services and 
                         ordered to be printed
                         
                         
                                   ______

		 
                     U.S. GOVERNMENT PUBLISHING OFFICE 
		 
89-011                    WASHINGTON : 2019                 
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                     Washington, February 15, 2019.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: Pursuant to section 201 of the National 
Emergencies Act (50 U.S.C. 1621), I hereby report that I have 
exercised my authority to declare a national emergency in order 
to address the border security and humanitarian crisis that is 
threatening the United States. This declaration invokes section 
12302 of title 10, United States Code, to allow the Secretary 
of Defense, and the Secretary of each relevant military 
department, as appropriate and consistent with applicable law, 
to order units or members of the Ready Reserve to active duty 
in order to assist and support the activities of the Secretary 
of Homeland Security at the southern border.
    Further, I have invoked section 2808 of title 10, United 
States Code, and authorized the Secretary of Defense, and at 
his discretion, the Secretaries of the military departments, to 
exercise the authority under that section to engage in 
emergency construction as necessary to support the use of the 
Armed Forces and respond to the crisis at our southern border.
    I am enclosing a copy of the Proclamation I have issued.

            Sincerely,
                                                   Donald J. Trump.








 Declaring a National Emergency Concerning the Southern Border of the 
                             United States

                              ----------                     
                              
                              
            By the President of the United States of America

                             A Proclamation

    The current situation at the southern border presents a 
border security and humanitarian crisis that threatens core 
national security interests and constitutes a national 
emergency. The southern border is a major entry point for 
criminals, gang members, and illicit narcotics. The problem of 
large-scale unlawful migration through the southern border is 
long-standing, and despite the executive branch's exercise of 
existing statutory authorities, the situation has worsened in 
certain respects in recent years. In particular, recent years 
have seen sharp increases in the number of family units 
entering and seeking entry to the United States and an 
inability to provide detention space for many of these aliens 
while their removal proceedings are pending. If not detained, 
such aliens are often released into the country and are often 
difficult to remove from the United States because they fail to 
appear for hearings, do not comply with orders of removal, or 
are otherwise difficult to locate. In response to the directive 
in my April 4, 2018, memorandum and subsequent requests for 
support by the Secretary of Homeland Security, the Department 
of Defense has provided support and resources to the Department 
of Homeland Security at the southern border. Because of the 
gravity of the current emergency situation, it is necessary for 
the Armed Forces to provide additional support to address the 
crisis.
    NOW, THEREFORE, I, DONALD J. TRUMP, 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 in the case of the 
Secretaries of the Army, Navy, and Air Force. 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:
    Section 1. 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 Ready Reserve to active duty as the Secretary 
concerned, in the Secretary's discretion, determines to be 
appropriate to assist and support the activities of the 
Secretary of Homeland Security at the southern border.
    Sec. 2. The Secretary of Defense, the Secretary of the 
Interior, the Secretary of Homeland Security, and, subject to 
the discretion of the Secretary of Defense, the Secretaries of 
the military departments, shall take all appropriate actions, 
consistent with applicable law, to use or support the use of 
the authorities herein invoked, including, if necessary, the 
transfer and acceptance of jurisdiction over border lands.
    Sec. 3. 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 
fifteenth day of February, in the year of our Lord two thousand 
nineteen, and of the Independence of the United States of 
America the two hundred and forty-third.
                                                   Donald J. Trump.

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