    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9844 of February 15, 2019

    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:

    [[Page 3321]]

    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