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[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
[Presidential Documents]
[Pages 9117-9120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02407]



                        Presidential Documents 



Federal Register / Vol. 90 , No. 25 / Friday, February 7, 2025 / 
Presidential Documents

[[Page 9117]]

                Executive Order 14194 of February 1, 2025

                
Imposing Duties To Address the Situation at Our 
                Southern Border

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) 
                (NEA), section 604 of the Trade Act of 1974, as amended 
                (19 U.S.C. 2483), and section 301 of title 3, United 
                States Code,

                I, DONALD J. TRUMP, President of the United States of 
                America, find that the sustained influx of illegal 
                aliens and illicit opioids and other drugs has profound 
                consequences on our Nation, endangering lives and 
                putting a severe strain on our healthcare system, 
                public services, communities, and schools. Since the 
                end of my first term, U.S. Customs and Border 
                Protection (CBP) within the Department of Homeland 
                Security has recorded more than three times as many 
                inadmissible encounters nationwide as during my first 
                term.

                These challenges threaten the fabric of our society. 
                Gang members, smugglers, human traffickers, and illicit 
                drugs of all kinds have poured across our borders and 
                into our communities. Mexico has played a central role 
                in these challenges, including by failing to devote 
                sufficient attention and resources to meaningfully stem 
                the tide of unlawful migration and illicit drugs.

                Mexican drug trafficking organizations (DTOs) are the 
                world's leading traffickers of fentanyl, 
                methamphetamine, cocaine, and other illicit drugs, and 
                they cultivate, process, and distribute massive 
                quantities of narcotics that fuel addiction and 
                violence in communities across the United States. These 
                DTOs collaborate and conspire with transnational 
                cartels and other global partners to smuggle drugs into 
                the United States, utilizing clandestine airstrips, 
                maritime routes, tunnels, and overland corridors, and 
                both willing and unwilling human couriers.

                The Mexican DTOs have an intolerable alliance with the 
                government of Mexico. This alliance endangers the 
                national security of the United States, and we must 
                eradicate the influence of these dangerous cartels from 
                the bilateral environment. The government of Mexico has 
                afforded safe havens for the cartels to engage in the 
                manufacturing and transportation of illicit drugs, 
                which collectively have led to the overdose deaths of 
                hundreds of thousands of American victims.

                Mexican cartels are also implicated in human 
                trafficking and smuggling operations, enabling the 
                illegal migration of millions across our borders. These 
                operations are often tied to organized crime, and they 
                create pathways for cartel activities to expand into 
                the United States. Furthermore, violent criminals 
                originating from Central and South America easily 
                transit into and through Mexico, and into the United 
                States, where they cause irreparable harm to our 
                citizens. These dangerous criminals are involved in 
                drug-related violence, gang activity, and other crimes 
                that endanger the safety of American communities.

                Immediate action is required to address the national 
                emergency I declared in Proclamation 10886 of January 
                20, 2025 (Declaring a National Emergency at the 
                Southern Border of the United States), and to finally 
                end the public

[[Page 9118]]

                health crisis caused by opioid use and addiction, which 
                will not happen unless the compliance and cooperation 
                of the government of Mexico is assured.

                I hereby determine and order:

                Section 1. (a) As President of the United States, my 
                highest duty is the defense of the country and its 
                citizens. A Nation without borders is not a Nation at 
                all. I will not stand by and allow our sovereignty to 
                be eroded, our laws to be trampled, our citizens to be 
                endangered, or our borders to be disrespected anymore.

                I previously declared a national emergency with respect 
                to the grave threat to the United States posed by the 
                influx of illegal aliens and illicit drugs into the 
                United States in Proclamation 10886. Pursuant to the 
                NEA, I hereby expand the scope of the national 
                emergency declared in that proclamation to cover the 
                failure of Mexico to arrest, seize, detain, or 
                otherwise intercept DTOs, other drug and human 
                traffickers, criminals at large, and illicit drugs. In 
                addition, this failure to act on the part of the 
                government of Mexico constitutes an unusual and 
                extraordinary threat, which has its source in 
                substantial part outside the United States, to the 
                national security, foreign policy, and economy of the 
                United States. I hereby declare and reiterate a 
                national emergency under the NEA and IEEPA to deal with 
                that threat. This national emergency requires decisive 
                and immediate action, and I have decided to impose, 
                consistent with law, ad valorem tariffs on articles 
                that are products of Mexico as set forth in this order. 
                In doing so, I invoke my authority under section 
                1702(a)(1)(B) of IEEPA, and specifically find that 
                action under other authority to impose tariffs is 
                inadequate to address this unusual and extraordinary 
                threat.

                Sec. 2. (a) All articles that are products of Mexico, 
                as defined by the Federal Register notice described in 
                section 2(d) of this order (the Federal Register 
                notice), shall be, consistent with law, subject to an 
                additional 25 percent ad valorem rate of duty. Such 
                rate of duty shall apply with respect to goods entered 
                for consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern time on 
                February 4, 2025, except that goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, after such time that were loaded onto a 
                vessel at the port of loading or in transit on the 
                final mode of transport prior to entry into the United 
                States before 12:01 a.m. eastern time on February 1, 
                2025, shall not be subject to such additional duty, 
                only if the importer certifies to CBP as specified in 
                the Federal Register notice.

                    (b) The rates of duty established by this order are 
                in addition to any other duties, fees, exactions, or 
                charges applicable to such imported articles.
                    (c) Should the government of Mexico retaliate 
                against the United States in response to this action 
                through import duties on United States exports to 
                Mexico or similar measures, the President may increase 
                or expand in scope the duties imposed under this 
                Executive Order to ensure the efficacy of this action.
                    (d) In order to establish the duty rate on imports 
                of articles that are products of Mexico, the Secretary 
                of Homeland Security shall determine the modifications 
                necessary to the Harmonized Tariff Schedule of the 
                United States (HTSUS) in order to effectuate this order 
                consistent with law and shall make such modifications 
                to the HTSUS through notice in the Federal Register. 
                The modifications made to the HTSUS by this notice 
                shall be effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern time on 
                February 4, 2025, except as otherwise noted in 
                subsection 2(a) of this section, and shall continue in 
                effect until such actions are expressly reduced, 
                modified, or terminated.
                    (e) Articles that are products of Mexico, except 
                those that are eligible for admission under ``domestic 
                status'' as defined in 19 CFR 146.43, which are subject 
                to the duties imposed by this order and are admitted 
                into a

[[Page 9119]]

                United States foreign trade zone on or after 12:01 a.m. 
                eastern time on February 4, 2025, except as otherwise 
                noted in subsection 2(a) of this section, must be 
                admitted as ``privileged foreign status'' as defined in 
                19 CFR 146.41. Such articles will be subject upon entry 
                for consumption to the rates of duty related to the 
                classification under the applicable HTSUS subheading in 
                effect at the time of admittance into the United States 
                foreign trade zone.
                    (f) No drawback shall be available with respect to 
                the duties imposed pursuant to this order.
                    (g) For avoidance of doubt, duty-free de minimis 
                treatment under 19 U.S.C. 1321 shall not be available 
                for the articles described in subsection (a) of this 
                section.
                    (h) Any prior Presidential Proclamation, Executive 
                Order, or other presidential directive or guidance 
                related to trade with Mexico that is inconsistent with 
                the direction in this order is hereby terminated, 
                suspended, or modified to the extent necessary to give 
                full effect to this order.
                    (i) The articles described in subsection (a) of 
                this section shall exclude those encompassed by 50 
                U.S.C. 1702(b).

                Sec. 3. (a) The Secretary of Homeland Security shall 
                regularly consult with the Secretary of State, the 
                Attorney General, the Assistant to the President for 
                National Security Affairs, and the Assistant to the 
                President for Homeland Security on the situation at our 
                southern border. The Secretary of Homeland Security 
                shall inform the President of any circumstances that, 
                in the opinion of the Secretary of Homeland Security, 
                indicate that the government of Mexico has taken 
                adequate steps to alleviate the illegal migration and 
                illicit drug crisis through cooperative actions. Upon 
                the President's determination of sufficient action to 
                alleviate the crisis, the tariffs described in section 
                2 of this order will be removed.

                    (b) The Secretary of Homeland Security, in 
                coordination with the Secretary of State, the Attorney 
                General, the Assistant to the President for National 
                Security Affairs, and the Assistant to the President 
                for Homeland Security shall recommend additional 
                action, if necessary, should the government of Mexico 
                fail to take adequate steps to alleviate the illegal 
                migration and illicit drug crises through cooperative 
                enforcement actions.

                Sec. 4. The Secretary of Homeland Security, in 
                consultation with the Secretary of the Treasury, the 
                Attorney General, and the Secretary of Commerce, is 
                hereby authorized to take such actions, including 
                adopting rules and regulations, and to employ all 
                powers granted to me by IEEPA as may be necessary to 
                implement this order. The Secretary of Homeland 
                Security may, consistent with applicable law, 
                redelegate any of these functions within the Department 
                of Homeland Security. All agencies shall take all 
                appropriate measures within their authority to 
                implement this order.

                Sec. 5. The Secretary of Homeland Security, in 
                coordination with the Secretary of the Treasury, the 
                Attorney General, the Secretary of Commerce, the 
                Assistant to the President for National Security 
                Affairs, and the Assistant to the President for 
                Homeland Security, is hereby authorized to submit 
                recurring and final reports to the Congress on the 
                national emergency under IEEPA declared in this order, 
                consistent with section 401(c) of the NEA (50 U.S.C. 
                1641(c)) and section 204(c) of IEEPA (50 U.S.C. 
                1703(c)).

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, 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 order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 9120]]

                    (c) This order 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 1, 2025.

[FR Doc. 2025-02407
Filed 2-6-25; 8:45 am]
Billing code 3395-F4-P
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