President Trump Declares National Emergency at Southern Border

On January 20th, President Trump issued a proclamation declaring a national emergency concerning the southern border of the United States. The proclamation allows Trump to create more physical barriers and deploy the US military to the US-Mexico border.

The executive order is aimed at cracking down on immigration and solving the southern border crisis. This move is intended to fulfill Trump’s campaign vows to tighten the US-Mexico border. In his inaugural address, Trump vowed that all illegal entry into the US would be halted and that millions of “criminal aliens” would be deported. However, his plans are already facing legal challenges from immigration advocacy groups.

The Gist of the Trump National Emergency Declaration

In the Trump national emergency declaration, the president said that America’s sovereignty is under attack, with the southern border being overrun by criminal gangs, cartels, human traffickers, known terrorists, unvetted military-age males from foreign adversaries, smugglers and illicit narcotics that harm the American people.

According to the president’s proclamation, the southern border crisis has caused widespread suffering and chaos in the US over the past four years. Trump noted that it has led to inexcusable and horrific murders of many American citizens, including children and women, at the hands of illegal aliens.

“Foreign gangs and cartels have begun seizing control of parts of cities, attacking our most vulnerable citizens, and terrorising Americans beyond the control of local law enforcement… This assault on the American people and the integrity of America’s sovereign borders represent a grave threat to our nation,” the proclamation read.

The proclamation emphasised that it is necessary for the Armed Forces to take measures to assist the Department of Homeland Security in regaining complete operational control of the southern border. Trump said it is his responsibility as president to ensure illegal entry of aliens into the US via the southern border is stopped to protect the safety and security of US citizens.

To justify the Trump national emergency at the southern border, the proclamation cited the US Constitution, Sections 201 and 301 of the National Emergency Act and Sections 12302 and 2808 of Title 10, United States Code. The president issued seven executive directives as follows:

Deployment of Personnel Resources

President Trump directed the Secretary of Defense or the Secretaries of all relevant military departments to deploy members of the Armed Forces to support the efforts of the Secretary of Homeland Security in regaining full operational control of the southern border.

The expected support includes transportation, appropriate detention spaces and other logistics services for civilian-controlled law enforcement operations.

Creation of Additional Physical Barriers

The immigration policy requires the Secretaries of Homeland Security and Defense to take appropriate legal measures to construct additional physical barriers along the southern border.

The two departments are expected to coordinate with any state government willing to assist with constructing the Trump national emergency border wall to improve operational security at the US-Mexico border.

Unmanned Aerial Systems

Trump’s proclamation authorised the Secretary of Transportation and the Federal Communications Commission to waive all applicable Federal Communication Commission and Federal Aviation Administration policies and regulations restricting the Department of Homeland Security’s ability to counter unmanned aerial systems within five miles of the southern border.

Revising Immigration Policies and Strategies

The declaration of emergency at the US southern border requires the Secretary of Homeland Security and the Secretary of Defense, in consultation with the US Attorney General, to take appropriate actions per applicable laws to prioritise the denial of unauthorised entry of aliens across the southern border.

The authorities must also ensure that any use-of-force policies prioritise the security and safety of members of the armed forces and Department of Homeland Security personnel.

Revocation of Proclamation 10142 of January 20th, 2021

The new proclamation revoked the Termination of Emergency With Respect to the Southern Border of the US and Redirection of Funds Diverted to Border Wall Construction issued by Biden’s administration in 2021.

Reporting Requirements Set

The Secretary of Defense is expected to submit a report outlining all actions taken to fulfill the objectives of the proclamation to the president within 30 days of the date of the proclamation through the Homeland Security Advisor.

The Secretary of Homeland Security and the Secretary of Defense are expected to submit a joint report to the White House within 90 days on the conditions at the southern border and any recommendations regarding additional actions required to regain full operational control of the border.

Other General Provisions

The proclamation made it clear that it should not be construed to impair or affect the authority by law to any executive department or the functions of the Director of the Office of Management and Budget related to administrative, budgetary and legislative proposals.

The proclamation shall be implemented subject to availability of appropriation and according to all applicable laws. The president also clarified that the proclamation is not intended to create any benefit or right, procedural or substantive, enforceable in equity or at law by any party against the US, its departments, entities, agencies, officials, agents, employees or any other person.

Immigration Numbers at the Southern Borders

According to a fact sheet published by the White House two days after Trump’s proclamation, 8.72 million border encounters had occurred at the southern border of the US between 2021 and 2024, overwhelming border resources and endangering American citizens.

The southern border crisis led to more than 550,000 unaccompanied and undocumented children being encountered at the border since 2021. Additionally, drugs, such as Fentanyl and narcotics, have been pouring over the US-Mexican border and flooding the US. According to the fact sheet, more than 75,000 Americans died from drug overdose in 2023.

The White House said the southern border security issue has allowed dangerous gangs to take over and terrorise American cities. It also blamed the southern border crisis for the murder of innocent Americans like Rachel Morin, Jocelyn Nungaray, Laken Riley and many others.

Trump first declared a national emergency at the southern border of the US in 2019. According to a press release by the White House, Trump’s administration is building on past success to address the dire situation.

Source:

White House

References:

BBC

Further Reading:

UK Migration Reforms: UK’s Bold Plan to Slash Migration Explained

ACLU Takes on Trump: Legal Battle of Asylum Rights at the Border

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