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[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8327-8329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01948]



                        Presidential Documents 



Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 8327]]

                Proclamation 10886 of January 20, 2025

                
Declaring a National Emergency at the Southern 
                Border of the United States

                By the President of the United States of America

                A Proclamation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby proclaim:

                America's sovereignty is under attack. Our southern 
                border is overrun by cartels, criminal gangs, known 
                terrorists, human traffickers, smugglers, unvetted 
                military-age males from foreign adversaries, and 
                illicit narcotics that harm Americans, including 
                America.

                This invasion has caused widespread chaos and suffering 
                in our country over the last 4 years. It has led to the 
                horrific and inexcusable murders of many innocent 
                American citizens, including women and children, at the 
                hands of illegal aliens. Foreign criminal gangs and 
                cartels have begun seizing control of parts of cities, 
                attacking our most vulnerable citizens, and terrorizing 
                Americans beyond the control of local law enforcement. 
                Cartels control vast territories just south of our 
                southern border, effectively controlling who can and 
                cannot travel to the United States from Mexico. 
                Hundreds of thousands of Americans have tragically died 
                from drug overdoses because of the illicit narcotics 
                that have flowed across the southern border.

                This assault on the American people and the integrity 
                of America's sovereign borders represents a grave 
                threat to our Nation.

                Because of the gravity and emergency of this present 
                danger and imminent threat, it is necessary for the 
                Armed Forces to take all appropriate action to assist 
                the Department of Homeland Security in obtaining full 
                operational control of the southern border.

                To protect the security and safety of United States 
                citizens, to protect each of the States against 
                invasion, and to uphold my duty to take care that the 
                laws be faithfully executed, it is my responsibility as 
                President to ensure that the illegal entry of aliens 
                into the United States via the southern border be 
                immediately and entirely stopped.

                As Commander in Chief, I have no more solemn duty than 
                to protect the American people.

                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 
                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. 
                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

[[Page 8328]]

                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:

                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 as many units or members of 
                the Armed Forces, including the Ready Reserve and the 
                National Guard, as the Secretary of Defense determines 
                to be appropriate to support the activities of the 
                Secretary of Homeland Security in obtaining complete 
                operational control of the southern border of the 
                United States. The Secretary of Defense shall further 
                take all appropriate action to facilitate the 
                operational needs of the Secretary of Homeland Security 
                along the southern border, including through the 
                provision of appropriate detention space, 
                transportation (including aircraft), and other 
                logistics services in support of civilian-controlled 
                law enforcement operations.

                Sec. 2. Additional Physical Barriers. The Secretaries 
                of Defense and Homeland Security shall immediately take 
                all appropriate action, consistent with law, including 
                10 U.S.C. 2214, to construct additional physical 
                barriers along the southern border. To the extent 
                possible, the Secretaries of Defense and Homeland 
                Security shall coordinate with any Governor of a State 
                that is willing to assist with the deployment of any 
                physical infrastructure to improve operational security 
                at the southern border.

                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 
                southern border.

                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 
                southern border of the United States, and to ensure 
                that use of force policies prioritize the safety and 
                security of Department of Homeland Security personnel 
                and of members of the Armed Forces.

                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.

                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; and

                    (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 about the conditions at the 
                southern border of the United States and any 
                recommendations regarding additional actions that may 
                be necessary to obtain complete operational control of 
                the southern border, 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.

[[Page 8329]]

                    (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.
                
                
                    (Presidential Sig.)

[FR Doc. 2025-01948
Filed 1-28-25; 8:45 am]
Billing code 3395-F4-P
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