ARTICLE
24 January 2025

Declaring A National Emergency At The Southern Border Of The United States (Trump EO Tracker)

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Akin Gump Strauss Hauer & Feld LLP

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This Order directs the Secretary of Defense to order as many units of the Armed Forces as he determines appropriate, including the Ready Reserve and the National Guard, to support the activities of the Secretary.
United States Government, Public Sector

Summary

This Order directs the Secretary of Defense to order as many units of the Armed Forces as he determines appropriate, including the Ready Reserve and the National Guard, to support the activities of the Secretary of Homeland Security in obtaining complete operational control of the southern border. The Secretary of Defense is also directed to provide detention space, transportation—including aircraft—and other logistical services in support of border enforcement operations. The Order directs construction of additional physical barriers along the southern border, in coordination with any governor of a state willing to assist.

This Order waives all FAA and FCC regulations that restrict DHS's ability to counter unmanned aerial systems within five miles of the southern border. The Secretary of Defense and Secretary of Homeland Security are directed to take action to prevent unauthorized entries across the southern border and to prioritize the safety and security of Department of Homeland Security personnel and of members of the armed forces.

This Order revokes Proclamation 10142 of January 20, 2021 (Termination of Emergency with Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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