[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
[Presidential Documents]
[Pages 9117-9120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02407]
Presidential Documents
Federal Register / Vol. 90 , No. 25 / Friday, February 7, 2025 /
Presidential Documents
[[Page 9117]]
Executive Order 14194 of February 1, 2025
Imposing Duties To Address the Situation at Our
Southern Border
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.)
(NEA), section 604 of the Trade Act of 1974, as amended
(19 U.S.C. 2483), and section 301 of title 3, United
States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the sustained influx of illegal
aliens and illicit opioids and other drugs has profound
consequences on our Nation, endangering lives and
putting a severe strain on our healthcare system,
public services, communities, and schools. Since the
end of my first term, U.S. Customs and Border
Protection (CBP) within the Department of Homeland
Security has recorded more than three times as many
inadmissible encounters nationwide as during my first
term.
These challenges threaten the fabric of our society.
Gang members, smugglers, human traffickers, and illicit
drugs of all kinds have poured across our borders and
into our communities. Mexico has played a central role
in these challenges, including by failing to devote
sufficient attention and resources to meaningfully stem
the tide of unlawful migration and illicit drugs.
Mexican drug trafficking organizations (DTOs) are the
world's leading traffickers of fentanyl,
methamphetamine, cocaine, and other illicit drugs, and
they cultivate, process, and distribute massive
quantities of narcotics that fuel addiction and
violence in communities across the United States. These
DTOs collaborate and conspire with transnational
cartels and other global partners to smuggle drugs into
the United States, utilizing clandestine airstrips,
maritime routes, tunnels, and overland corridors, and
both willing and unwilling human couriers.
The Mexican DTOs have an intolerable alliance with the
government of Mexico. This alliance endangers the
national security of the United States, and we must
eradicate the influence of these dangerous cartels from
the bilateral environment. The government of Mexico has
afforded safe havens for the cartels to engage in the
manufacturing and transportation of illicit drugs,
which collectively have led to the overdose deaths of
hundreds of thousands of American victims.
Mexican cartels are also implicated in human
trafficking and smuggling operations, enabling the
illegal migration of millions across our borders. These
operations are often tied to organized crime, and they
create pathways for cartel activities to expand into
the United States. Furthermore, violent criminals
originating from Central and South America easily
transit into and through Mexico, and into the United
States, where they cause irreparable harm to our
citizens. These dangerous criminals are involved in
drug-related violence, gang activity, and other crimes
that endanger the safety of American communities.
Immediate action is required to address the national
emergency I declared in Proclamation 10886 of January
20, 2025 (Declaring a National Emergency at the
Southern Border of the United States), and to finally
end the public
[[Page 9118]]
health crisis caused by opioid use and addiction, which
will not happen unless the compliance and cooperation
of the government of Mexico is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my
highest duty is the defense of the country and its
citizens. A Nation without borders is not a Nation at
all. I will not stand by and allow our sovereignty to
be eroded, our laws to be trampled, our citizens to be
endangered, or our borders to be disrespected anymore.
I previously declared a national emergency with respect
to the grave threat to the United States posed by the
influx of illegal aliens and illicit drugs into the
United States in Proclamation 10886. Pursuant to the
NEA, I hereby expand the scope of the national
emergency declared in that proclamation to cover the
failure of Mexico to arrest, seize, detain, or
otherwise intercept DTOs, other drug and human
traffickers, criminals at large, and illicit drugs. In
addition, this failure to act on the part of the
government of Mexico 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. I hereby declare and reiterate a
national emergency under the NEA and IEEPA to deal with
that threat. This national emergency requires decisive
and immediate action, and I have decided to impose,
consistent with law, ad valorem tariffs on articles
that are products of Mexico as set forth in this order.
In doing so, I invoke my authority under section
1702(a)(1)(B) of IEEPA, and specifically find that
action under other authority to impose tariffs is
inadequate to address this unusual and extraordinary
threat.
Sec. 2. (a) All articles that are products of Mexico,
as defined by the Federal Register notice described in
section 2(d) of this order (the Federal Register
notice), shall be, consistent with law, subject to an
additional 25 percent ad valorem rate of duty. Such
rate of duty shall apply with respect to goods entered
for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern time on
February 4, 2025, except that goods entered for
consumption, or withdrawn from warehouse for
consumption, after such time that were loaded onto a
vessel at the port of loading or in transit on the
final mode of transport prior to entry into the United
States before 12:01 a.m. eastern time on February 1,
2025, shall not be subject to such additional duty,
only if the importer certifies to CBP as specified in
the Federal Register notice.
(b) The rates of duty established by this order are
in addition to any other duties, fees, exactions, or
charges applicable to such imported articles.
(c) Should the government of Mexico retaliate
against the United States in response to this action
through import duties on United States exports to
Mexico or similar measures, the President may increase
or expand in scope the duties imposed under this
Executive Order to ensure the efficacy of this action.
(d) In order to establish the duty rate on imports
of articles that are products of Mexico, the Secretary
of Homeland Security shall determine the modifications
necessary to the Harmonized Tariff Schedule of the
United States (HTSUS) in order to effectuate this order
consistent with law and shall make such modifications
to the HTSUS through notice in the Federal Register.
The modifications made to the HTSUS by this notice
shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern time on
February 4, 2025, except as otherwise noted in
subsection 2(a) of this section, and shall continue in
effect until such actions are expressly reduced,
modified, or terminated.
(e) Articles that are products of Mexico, except
those that are eligible for admission under ``domestic
status'' as defined in 19 CFR 146.43, which are subject
to the duties imposed by this order and are admitted
into a
[[Page 9119]]
United States foreign trade zone on or after 12:01 a.m.
eastern time on February 4, 2025, except as otherwise
noted in subsection 2(a) of this section, must be
admitted as ``privileged foreign status'' as defined in
19 CFR 146.41. Such articles will be subject upon entry
for consumption to the rates of duty related to the
classification under the applicable HTSUS subheading in
effect at the time of admittance into the United States
foreign trade zone.
(f) No drawback shall be available with respect to
the duties imposed pursuant to this order.
(g) For avoidance of doubt, duty-free de minimis
treatment under 19 U.S.C. 1321 shall not be available
for the articles described in subsection (a) of this
section.
(h) Any prior Presidential Proclamation, Executive
Order, or other presidential directive or guidance
related to trade with Mexico that is inconsistent with
the direction in this order is hereby terminated,
suspended, or modified to the extent necessary to give
full effect to this order.
(i) The articles described in subsection (a) of
this section shall exclude those encompassed by 50
U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall
regularly consult 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 on the situation at our
southern border. The Secretary of Homeland Security
shall inform the President of any circumstances that,
in the opinion of the Secretary of Homeland Security,
indicate that the government of Mexico has taken
adequate steps to alleviate the illegal migration and
illicit drug crisis through cooperative actions. Upon
the President's determination of sufficient action to
alleviate the crisis, the tariffs described in section
2 of this order will be removed.
(b) The Secretary of Homeland Security, in
coordination 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 recommend additional
action, if necessary, should the government of Mexico
fail to take adequate steps to alleviate the illegal
migration and illicit drug crises through cooperative
enforcement actions.
Sec. 4. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, the
Attorney General, and the Secretary of Commerce, is
hereby authorized to take such actions, including
adopting rules and regulations, and to employ all
powers granted to me by IEEPA as may be necessary to
implement this order. The Secretary of Homeland
Security may, consistent with applicable law,
redelegate any of these functions within the Department
of Homeland Security. All agencies shall take all
appropriate measures within their authority to
implement this order.
Sec. 5. The Secretary of Homeland Security, in
coordination with the Secretary of the Treasury, the
Attorney General, the Secretary of Commerce, the
Assistant to the President for National Security
Affairs, and the Assistant to the President for
Homeland Security, is hereby authorized to submit
recurring and final reports to the Congress on the
national emergency under IEEPA declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec. 6. 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, 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.
[[Page 9120]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
February 1, 2025.
[FR Doc. 2025-02407
Filed 2-6-25; 8:45 am]
Billing code 3395-F4-P