Executive Branch Terrorism & Extremism

Trump Declares National Emergency at the Southern Border

Olivia Manes
Tuesday, January 21, 2025, 1:57 PM
The executive order invokes emergency authorities to enable the Defense Department to deploy reservists and oversee military constructions.
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On Jan. 20, President Donald Trump signed an executive order titled “Declaring a National Emergency at the Southern Border of the United States.” The order claims that “America’s sovereignty is under attack,” and concludes that “it is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border.”

To this end, the order declares a national emergency at the southern border, invoking 10 U.S.C. § 12302, which could enable the secretary of defense to deploy National Guard reservists. It also states that “this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631),” cites 10 U.S.C. § 2808 to allow the secretary of defense to oversee military constructions.

You can read the order here or below:

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Olivia Manes

Olivia Manes

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Olivia Manes is an associate editor of Lawfare. She holds an MPhil with distinction in politics and international studies from the University of Cambridge and a dual B.A. with distinction in international relations and comparative literature from Stanford University. Previously, she was an associate editor of the Cambridge Review of International Affairs.

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