Declaring a National Emergency at the Southern Border of the United States

This proclamation declares a national emergency at the southern border, invoking military construction authority and deploying Armed Forces to support DHS in achieving 'complete operational control.' It mandates additional physical barrier construction, potential regulatory waivers for counter-drone operations, and revocation of Biden's 2021 border emergency termination. The order includes 30- and 90-day reporting requirements and raises the possibility of invoking the Insurrection Act.

Federal Register Open PDF 90 FR 8327

Impact dates

Apr 20, 2025
Joint DOD-DHS report on border conditions and potential Insurrection Act invocation
Feb 19, 2025
Secretary of Defense report on actions taken to fulfill proclamation requirements

Key directives

Secretary of Defense to order Armed Forces units/members including Ready Reserve and National Guard to support DHS at southern border
Secretary of Defense to provide detention space, transportation including aircraft, and logistics services for civilian law enforcement
Secretaries of Defense and Homeland Security to immediately construct additional physical barriers along southern border
Secretary of Transportation and FCC to consider waiving FAA and FCC regulations restricting DHS counter-drone operations within 5 miles of southern border
Secretary of Defense and DHS Secretary, consulting Attorney General, to prioritize impedance and denial of unauthorized entry and revise use of force policies
Secretary of Defense to submit report within 30 days through Homeland Security Advisor
Secretary of Defense and DHS Secretary to submit joint report within 90 days with potential Insurrection Act recommendation

Who is ordered

Timeline

Immediate

National emergency declared
Section 12302 of title 10 invoked for military department secretaries
Section 2808 military construction authority invoked
Proclamation 10142 revoked
Deployment of Armed Forces to southern border begins
Construction of additional physical barriers ordered to begin immediately

Near term (90d)

Secretary of Defense report due (30 days)
Joint DOD-DHS report due with potential Insurrection Act recommendation (90 days)
FAA/FCC regulatory consideration for counter-drone waivers
Coordination with willing state governors on barrier deployment

Long term

Potential invocation of Insurrection Act of 1807 pending recommendations
Sustained military presence at border
Completion of additional physical barriers subject to appropriations

Risks & tensions

Posse Comitatus Act tensions: military supporting civilian law enforcement raises legal and operational concerns despite 'civilian-controlled' framing
Appropriations dependency: section 7(b) makes implementation contingent on funding availability, creating execution risk
Insurrection Act as escalatory pathway: 90-day report explicitly contemplates extraordinary domestic military authority
FAA/FCC waiver request could conflict with aviation safety and communications law
Revocation of Proclamation 10142 may trigger litigation over reprogrammed or redirected funds
Vague 'complete operational control' standard lacks measurable endpoint, enabling indefinite emergency duration