[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