[House Document 119-14]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - - - - House Document 119-14
DECLARING A NATIONAL EMERGENCY AT THE
SOUTHERN BORDER
__________
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]
January 31, 2025.--Referred to the Committee on Armed Services and
ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2025
The White House,
Washington, January 29, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. 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 damage and danger to the American people and
integrity of America's sovereign borders resulting from the
invasion on the southern border of the United States by
cartels, criminal gangs, known terrorists, human traffickers,
smugglers, unvetted military-age males from foreign
adversaries, and illicit narcotics that harm Americans. This
declaration invokes section 12302 of title 10, United States
Code, to allow the Secretary of Defense, or the Secretary of
each relevant military department, as appropriate and
consistent with applicable law, to order to active duty as many
units or members of the Armed Forces, including the Ready
Reserve and 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.
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 authority under that section to construct additional
physical barriers along the southern border.
I am enclosing a copy of the Proclamation I have issued.
Sincerely,
Donald J. Trump.
Declaring a National Emergency at the Southern Border of
the United States
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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 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.
(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.
Donald J. Trump.
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