At a Glance
On January 20, 2025, President Donald Trump invoked the National Emergencies Act (NEA), citing a national crisis at the southern US border.
In issuing Proclamation 10886, the President ordered the activation and use of the US armed forces to address threats from "cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics" and an "invasion that has caused widespread chaos and suffering in the United States." The order directs the armed forces to assist the Department of Homeland Security (DHS) in obtaining full operational control of the southern border, by deploying personnel and resources, adding physical barriers, utilizing unmanned aerial systems, and revising policies and strategies to deter migrants from crossing the border without authorization.
The NEA provides the President with statutory powers to reallocate certain government resources and funds. The announcement aligns with the Trump Administration's broader enforcement and immigration policies, and sets the stage for other presidential actions relating to expedited removal, border security, and the suspension or limitation of refugee assistance and other humanitarian programs.
Employers may experience secondary impacts. These include changes in the anticipated timelines for immigration adjudications in light of potential resource reallocation, and potentially a significant impact on employees traveling into the United States via the US-Mexico border.
Highlights from the Proclamation
Declarations of national emergencies are not uncommon; in fact, every president since the passage of the NEA in 1976 has declared multiple national emergencies—at any given time, there are several dozen national emergencies in effect in the United States, with many renewed annually. In his first term, President Trump issued a proclamation seeking to enhance border security and reallocating funds for construction of a border wall.
Proclamation 10886 sets the goal of "complete operational control" over the southern border through the deployment of military personnel and equipment to counter unauthorized entries, cartel operations, and drug smuggling, among other activities.
- Additional Personnel and Resources. The proclamation tasks the Department of Defense (DOD) with ordering members of the military to assist DHS in the southern border region. In addition to personnel, the proclamation notes that DOD's support may include provision of detention space, aircraft or other equipment, and logistics coordination. The proclamation also orders the Secretary of Transportation and the Federal Communications Commission to waive rules that might otherwise prevent DHS from conducting aerial drone activity in the border region.
- Construction of Barriers. The proclamation tasks DOD and DHS with constructing "additional physical barriers" at the US-Mexico border. It also instructs DOD and DHS to coordinate with state-level officials to do so. These barriers may include "any physical infrastructure to improve operational security." To fund these projects, the proclamation seeks to redirect appropriated funds from other military construction projects, on the grounds that such reallocation is necessary to support the use of the armed forces.
- Reporting Requirements. The proclamation requires a report from DOD outlining all actions taken by the agency under the proclamation within 30 days. DOD and DHS must also issue a joint report within 90 days, detailing conditions at the southern US border and outlining recommendations for further actions for achieving complete operational control.
What this Means for Employers
The President's declaration of a national emergency calls for a greater role for the US military in ensuring border security. The redirection of resources and personnel to the southern border may impact other DHS activity, potentially resulting in longer wait times for certain immigration benefits. Employers may experience longer adjudication periods for immigration benefits requests involving their employees. In addition, employees traveling into the United States through the southern border may experience increased scrutiny, even if they hold a valid visa or other travel authorization.
How Mayer Brown Can Help
Employers should continue to monitor updates to immigration policies and procedures from the Trump Administration. Mayer Brown remains available to assist employers with developing strategies to account for changes and uncertainty in the US immigration system, including ways to safeguard talent, reduce risk, and ensure ongoing compliance. In addition, Mayer Brown can assist clients with requests to expedite or otherwise accelerate requests for certain immigration benefits, and can advocate on behalf of clients directly before the agencies.
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