America’s sovereignty is currently under attack. The Border Mexico shares with the United States is experiencing an unprecedented crisis. This is not merely a surge in migration; it is an invasion. Our southern border is being overrun by dangerous elements that threaten the very fabric of American society. Cartels, criminal gangs, known terrorists, human traffickers, and smugglers are exploiting the border mexico, pouring into our nation unchecked. We are also seeing a disturbing influx of unvetted military-age males from foreign adversaries, further destabilizing the situation. Adding to this crisis is the flood of illicit narcotics that are devastating communities across America.
For the past four years, this crisis at the border mexico has spiraled into widespread chaos and suffering. The consequences are horrific and unacceptable. Innocent American citizens, including vulnerable women and children, have been murdered at the hands of illegal aliens who have crossed the border mexico. Foreign criminal gangs and cartels are not just passing through; they are seizing control of areas within our cities, preying on our most vulnerable populations, and terrorizing law-abiding Americans. These cartels exert significant control over territories south of the border mexico, effectively dictating who can and cannot travel from Mexico into the United States. The tragic toll of this border crisis is further amplified by the hundreds of thousands of American lives lost to drug overdoses, fueled by the illicit narcotics flowing across the border mexico.
This relentless assault on the American people and the integrity of America’s sovereign borders constitutes a grave threat to our Nation. The severity and urgency of this danger and imminent threat necessitate immediate and decisive action. It is imperative that the Armed Forces take all appropriate action to assist the Department of Homeland Security in achieving full operational control of the border mexico.
To safeguard the security and safety of United States citizens, to protect each of the States against invasion, and to uphold my constitutional duty to ensure the faithful execution of the laws, I, as President, must ensure the immediate and complete cessation of illegal entry of aliens into the United States via the border mexico. As Commander in Chief, my most solemn duty is to protect the American people from harm.
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 border mexico of the United States. 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 border mexico, I hereby declare that this emergency requires the utilization of the Armed Forces. In accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), 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. The following directives are hereby issued:
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 the deployment of as many units or members of the Armed Forces, including the Ready Reserve and the National Guard, as deemed appropriate by the Secretary of Defense. These forces will support the activities of the Secretary of Homeland Security in achieving complete operational control of the border mexico. The Secretary of Defense shall further take all necessary actions to facilitate the operational needs of the Secretary of Homeland Security along the border mexico. This includes providing appropriate detention space, transportation (including aircraft), and other essential logistics services to support civilian-controlled law enforcement operations.
Sec. 2. Additional Physical Barriers.
The Secretaries of Defense and Homeland Security are directed to immediately undertake all appropriate actions, consistent with law, including 10 U.S.C. 2214, to construct additional physical barriers along the border mexico. To the greatest extent possible, the Secretaries of Defense and Homeland Security shall coordinate with any Governor of a State willing to assist in the deployment of physical infrastructure to enhance operational security at the border mexico.
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 border mexico.
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 border mexico. Furthermore, they shall ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces operating at the border mexico.
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. This revocation reinstates the national emergency at the border mexico.
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 concerning the border mexico.
(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. This report will detail the conditions at the border mexico and provide any recommendations regarding additional actions that may be necessary to achieve complete operational control of the border mexico, 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.
