ExecutiveOrdersEO
Proc 10888ProclamationTrump 47 · R

Proclamation 10888

Guaranteeing the States Protection Against Invasion

This proclamation declares that an "invasion" is ongoing at the southern border and invokes Article IV, Section 4 of the Constitution and sections 212(f) and 215(a) of the INA to suspend and restrict entry of aliens crossing the southern border. It directs the Secretaries of Homeland Security and State and the Attorney General to repel, repatriate, or remove such aliens and bars them from accessing asylum and other INA provisions permitting continued presence until the President determines the invasion has ceased.

Federal Register Open PDF 90 FR 8333

Impact dates

  1. Measures remain until President issues finding that invasion at southern border has ceased

  2. Entry suspension and restrictions take effect

Key directives

  • Suspend entry of aliens engaged in invasion across southern border until President determines invasion ceased (Sec. 1)
  • Restrict such aliens from invoking INA provisions permitting continued presence, including section 208 asylum (Sec. 2)
  • Suspend and restrict entry of aliens failing to provide sufficient medical, criminal, and background information to meet INA 212(a)(1)-(3) requirements (Sec. 3)
  • Suspend physical entry of any alien engaged in invasion and direct Secretary of Homeland Security, with Secretary of State and Attorney General, to take appropriate actions (Sec. 4)
  • Direct Secretary of Homeland Security, with Secretary of State and Attorney General, to take all appropriate action to repel, repatriate, or remove affected aliens (Sec. 5)

Who is ordered

Timeline

Immediate

  • Entry suspension takes effect on January 20, 2025 for aliens engaged in 'invasion' across southern border
  • Restrictions on invoking INA provisions including asylum (section 208) take effect immediately
  • DHS, State, DOJ directed to begin repelling, repatriating, removing affected aliens

Near term (90d)

  • Operational implementation of physical entry suspension and repatriation procedures
  • Potential legal challenges to constitutional and statutory authority claims
  • Coordination between DHS, State, and DOJ on enforcement protocols

Long term

  • Duration indefinite—remains until President issues finding that invasion has ceased
  • Potential structural changes to asylum and border processing frameworks
  • Precedent for future use of Article IV invasion clause in immigration contexts

Risks & tensions

  • Novel constitutional claim: invocation of Article IV, Section 4 'invasion' guarantee as basis for immigration enforcement is untested and likely to face immediate judicial challenge
  • Statutory tension: restrictions on section 208 asylum access may conflict with congressional intent and international refugee law obligations
  • Operational feasibility: DHS capacity to repel/repatriate/remove all affected aliens unclear given resource constraints
  • Definition vagueness: 'aliens engaged in the invasion' lacks precise statutory or regulatory definition, creating enforcement uncertainty
  • Separation of powers: broad claim of inherent executive authority to override INA provisions in 'emergency' may provoke inter-branch conflict
Proclamation 10888: Guaranteeing the States Protection Against Invasion · Executive Orders