National Emergency Declared: Military Mobilizes at Southern Border
Published Date: 1/29/2025
Presidential Document
Summary
The President has declared a national emergency at the southern border because of dangerous criminals, drug traffickers, and unvetted people crossing into the U.S. This means the military will help border agents take full control to stop illegal entry and protect Americans. Expect faster action and new resources starting immediately to keep our country safe.
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Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Armed Forces Deployed to Southern Border
The President invoked section 12302 of title 10 and ordered that as many units or members of the Armed Forces, including the Ready Reserve and the National Guard, be used as the Secretary of Defense determines appropriate to support the Department of Homeland Security to obtain complete operational control of the southern border. The military may provide detention space, transportation (including aircraft), and other logistics in support of civilian-controlled law enforcement starting immediately under this proclamation signed January 20, 2025.
Authority To Build New Border Barriers
The proclamation invokes 10 U.S.C. 2808 to make military construction authority available to construct additional physical barriers along the southern border. The Secretaries of Defense and Homeland Security are directed to take immediate action on construction and to coordinate with any Governor willing to assist in deploying physical infrastructure to improve operational security.
FAA/FCC Waivers Near Border Airspace
The Secretary of Transportation and the Federal Communications Commission are asked to consider waiving applicable FAA and FCC regulations or policies that restrict the Department of Homeland Security's ability to counter unmanned aerial systems within 5 miles of the southern border. This specifically targets counter-drone operations in a 5-mile zone along the southern border.
Stricter Border Enforcement and Use-of-Force Policies
The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, are directed to take all appropriate action to prioritize impeding and denying unauthorized physical entry across the southern border and to ensure use-of-force policies prioritize the safety and security of DHS personnel and members of the Armed Forces. This revision of policies aims to center enforcement and personnel safety in border operations.
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