January 20, 2025

Executive Order: Declaring a National Emergency at the Southern Border of the United States

Holland & Knight Eyes on Washington Blog
Trump's 2025 Executive Orders: Updates and Summaries

Date Issued: Jan. 20, 2025

Executive Summary

This executive order declares a national emergency at the southern border of the U.S. due to the presence of threats, including cartels, criminal gangs, known terrorists, human traffickers, smugglers and unvetted military-age males from adversarial countries. It requires the U.S. Department of Defense (DOD) and the U.S. Armed Forces to determine and order the necessary amount of troops and resources to support the U.S. Department of Homeland Security (DHS) in its effort to secure the southern border.

Policy Actions

  • The secretary of defense and the secretary of each relevant military department must order sufficient members of the armed forces to support DHS in securing the southern border and provide operational support during these operations.
  • The secretary of defense and secretary of homeland security must take appropriate action to construct additional physical barriers at the southern border, coordinating with applicable governors to the extent possible.
  • The transportation secretary and the Federal Communications Commission (FCC) must consider waiving aviation regulations and policies that restrict DHS' ability to oppose unmanned aerial systems within five miles of the southern border.
  • The secretary of defense and secretary of homeland security, in consultation with the U.S. attorney general, must take all appropriate action to prioritize stopping the unauthorized physical entry of aliens across the southern border, ensuring that use of force policies protect members of DHS and the armed forces.
  • The secretary of defense, through the homeland security advisor, must submit a report to the president within 30 days of the order's issue outlining the actions taken to fulfill the order.
  • The secretary of defense and secretary of homeland security must submit a report to the president within 90 days of the order's issue detailing the conditions at the southern border and recommendations for further actions to secure the border.

Revoked Executive Actions

  • Proclamation 10142, which terminated the state of emergency declaration at the southern border and redirected funds intended to construct a wall along the southern border.

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