This executive order, issued by the President of the United States, addresses the ongoing national emergency at the southern border, specifically focusing on the role of Mexico in the influx of illegal immigration and illicit drugs. Citing the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act (NEA), this order declares an expanded national emergency due to the Mexican government’s failure to adequately curb drug trafficking organizations (DTOs) and human smuggling. As a result, tariffs are imposed on goods originating from Mexico.
The order begins by stating the President’s fundamental duty to defend the nation and its citizens, emphasizing that uncontrolled borders are a threat to national sovereignty. It highlights the dramatic increase in inadmissible encounters recorded by U.S. Customs and Border Protection since the previous administration, pointing to the severity of the ongoing border crisis. The document asserts that this situation endangers American lives, strains public services, and undermines community safety.
The executive order directly implicates Mexico in these challenges. It states that Mexico has not dedicated sufficient resources to effectively stop the flow of unlawful migration and illegal drugs. Mexican drug trafficking organizations are identified as the primary global traffickers of dangerous substances like fentanyl, methamphetamine, and cocaine. These Mexican cartels are described as operating with an “intolerable alliance” with elements within the Mexican government, allowing them to operate with impunity. This alleged alliance is deemed a threat to the national security of the United States, necessitating decisive action to eradicate cartel influence.
The order emphasizes the devastating consequences of Mexican cartels’ activities, stating that they are responsible for the overdose deaths of hundreds of thousands of Americans. Furthermore, Mexican cartels are accused of involvement in human trafficking and smuggling, facilitating illegal migration and expanding their criminal operations into the United States. The document also notes that violent criminals from Central and South America easily transit through Mexico into the US, further endangering American communities.
Given the severity of the situation, the President expands the national emergency declared in Proclamation 10886 to specifically include the Mexican government’s failure to act against DTOs, drug and human traffickers, and illicit drugs. This inaction from the Mexican government is characterized as an “unusual and extraordinary threat” to U.S. national security, foreign policy, and economy. Invoking the authority granted by IEEPA, the President determines that tariffs on Mexican products are necessary to address this emergency.
Section 2 of the executive order details the imposition of a 25 percent ad valorem tariff on all articles that are products of Mexico. This duty applies to goods entering or withdrawn from warehouses for consumption starting February 4, 2025. Exceptions are made for goods already in transit before February 1, 2025, under specific conditions. These tariffs are in addition to any existing duties or charges. The order also addresses potential retaliation from the Mexican government, stating that further measures, including increased or expanded duties, may be implemented if Mexico retaliates.
The Secretary of Homeland Security is tasked with modifying the Harmonized Tariff Schedule of the United States (HTSUS) to implement these tariffs. The tariffs also apply to products of Mexico entering U.S. foreign trade zones, requiring them to be admitted under “privileged foreign status.” Drawbacks and duty-free de minimis treatment are explicitly excluded for these tariffs. Any prior presidential directives inconsistent with this order are terminated or modified. Certain articles excluded under 50 U.S.C. 1702(b) are also exempted from these tariffs.
Section 3 outlines a consultation process. The Secretary of Homeland Security is required to regularly consult with other cabinet members and presidential advisors to monitor the situation at the southern border. The President will be informed if the Secretary of Homeland Security deems that the Mexican government has taken adequate steps to alleviate the crisis through cooperative actions. Upon such a determination, the tariffs on Mexican goods will be removed. Conversely, if Mexico fails to take adequate steps, the Secretary of Homeland Security, in coordination with other officials, is instructed to recommend further actions.
Section 4 and 5 grant authority to the Secretary of Homeland Security, in consultation with other officials, to take necessary actions to implement the order, including issuing rules and regulations under IEEPA. They are also authorized to submit recurring reports to Congress on the national emergency declared in this order.
Section 6 includes general provisions, ensuring that the order does not infringe on existing authorities of executive departments or the Office of Management and Budget. It clarifies that the order is to be implemented consistent with applicable law and appropriations, and does not create any enforceable rights against the U.S. government or its entities.
This executive order represents a significant escalation in the United States’ approach to the situation at its southern border with Mexico. By imposing substantial tariffs on Mexican imports, the US government is aiming to pressure the Mexican government to take more decisive action against drug trafficking and illegal immigration. The order underscores the US administration’s view of the Mexican government’s current efforts as insufficient and emphasizes the urgency of addressing the ongoing national emergency.
