Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction

This proclamation terminates the national emergency declared by the prior administration regarding the southern border (Proclamation 9844), halts border wall construction, and redirects funds previously diverted for that purpose. It directs the Secretaries of Defense and Homeland Security to pause construction within seven days, pause obligations of funds immediately, and develop a plan within 60 days for redirecting funds and repurposing contracts.

Federal Register Open PDF 86 FR 7225

Impact dates

Mar 21, 2021
Plan for redirecting funds and repurposing contracts due
Jan 27, 2021
Work pause on border wall construction must begin (no later than 7 days from signing)

Key directives

Terminate national emergency declared in Proclamation 9844
Pause work on all southern border wall construction projects within 7 days
Pause immediately obligation of funds for wall construction
Assess legality of funding and contracting methods used
Assess administrative and contractual consequences of ceasing projects
Compile detailed information on all wall construction contracts, completion status, and funds used since February 15, 2019
Develop plan for redirecting funds and repurposing contracts within 60 days
Take appropriate steps to implement plan after development
Exception allowed for urgent measures to avert immediate physical dangers or ensure congressional appropriations fulfill intended purpose

Who is ordered

Timeline

Immediate

National emergency terminated
Pause on obligation of funds for wall construction
Work pause to begin as soon as possible, no later than 7 days

Near term (90d)

Construction work pause completed by January 27, 2021
Plan for redirecting funds and repurposing contracts due by March 21, 2021
Assessment of funding legality and contracting methods
Assessment of administrative and contractual consequences of ceasing projects
Compilation of detailed contract and funding information

Long term

Implementation of plan to resume, modify, or terminate projects
Potential repurposing of contracts with private contractors
Redirection of funds to other purposes consistent with law
Restoration of funds to original appropriated purposes (DoD drug interdiction, military construction, Treasury Forfeiture Fund)

Risks & tensions

Contract termination costs and legal disputes with private contractors likely
Uncertainty about 'extent permitted by law' qualifier on pauses may limit immediate halt
Tension between pausing construction and ensuring funds 'appropriated by Congress fulfill their intended purpose'
Potential physical dangers exception could allow continued construction in some areas
Vague standard for 'urgent measures' exception creates implementation discretion