U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

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89–011 2019

116th Congress, 1st Session – – – – – – – – – – – – – House Document 116–9 

DECLARING A NATIONAL EMERGENCY CONCERNING 

THE SOUTHERN BORDER OF THE UNITED STATES 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A DECLARATION OF A NATIONAL EMERGENCY CONCERNING THE 

SOUTHERN BORDER OF THE UNITED STATES, PURSUANT TO 50 

U.S.C. 1621(a); PUBLIC LAW 94–412, SEC. 201(a); (90 STAT. 1255) 

FEBRUARY 15, 2019.—Referred to the Committee on Armed Services and 

ordered to be printed 


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THE WHITE HOUSE, 

Washington, February 15, 2019. 

Hon. NANCY PELOSI, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MADAM SPEAKER: Pursuant to section 201 of the National 

Emergencies Act (50 U.S.C. 1621), I hereby report that I have exercised my authority to declare a national emergency in order to address the border security and humanitarian crisis that is threatening the United States. This declaration invokes section 12302 of 

title 10, United States Code, to allow the Secretary of Defense, and 

the Secretary of each relevant military department, as appropriate 

and consistent with applicable law, to order units or members of 

the Ready Reserve to active duty in order to assist and support the 

activities of the Secretary of Homeland Security at the southern 

border. 

Further, I have invoked section 2808 of title 10, United States 

Code, and authorized the Secretary of Defense, and at his discretion, the Secretaries of the military departments, to exercise the 

authority under that section to engage in emergency construction 

as necessary to support the use of the Armed Forces and respond 

to the crisis at our southern border. 

I am enclosing a copy of the Proclamation I have issued. 

Sincerely, 

DONALD J. TRUMP. 


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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 SecVerDate Sep 11 2014 02:46 Feb 16, 2019 Jkt 089011 PO 00000 Frm 00005 Fmt 6601 Sfmt 6601 E:\HR\OC\HD009.XXX HD009

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retary of Defense, to the Secretaries of the military departments. 

I hereby direct as follows: 

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. 

Æ 


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