Declaring a National Emergency Concerning the Southern Border of the United States
| Published date | 20 February 2019 |
| Citation | 84 FR 4949 |
| Record Number | 2019-03011 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
4949
Federal Register
Vol. 84, No. 34
Wednesday, February 20, 2019
Title 3—
The President
Proclamation 9844 of February 15, 2019
Declaring a National Emergency Concerning the Southern
Border of the United States
By the President of the United States of America
A Proclamation
The current situation at the southern border presents a border security
and humanitarian crisis that threatens core national security interests and
constitutes a national emergency. The southern border is a major entry
point for criminals, gang members, and illicit narcotics. The problem of
large-scale unlawful migration through the southern border is long-standing,
and despite the executive branch’s exercise of existing statutory authorities,
the situation has worsened in certain respects in recent years. In particular,
recent years have seen sharp increases in the number of family units entering
and seeking entry to the United States and an inability to provide detention
space for many of these aliens while their removal proceedings are pending.
If not detained, such aliens are often released into the country and are
often difficult to remove from the United States because they fail to appear
for hearings, do not comply with orders of removal, or are otherwise difficult
to locate. In response to the directive in my April 4, 2018, memorandum
and subsequent requests for support by the Secretary of Homeland Security,
the Department of Defense has provided support and resources to the Depart-
ment of Homeland Security at the southern border. Because of the gravity
of the current emergency situation, it is necessary for the Armed Forces
to provide additional support to address the crisis.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me
by the Constitution and the laws of the United States of America, including
sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601
et seq.), hereby declare that a national emergency exists at the southern
border of the United States, and that section 12302 of title 10, United
States Code, is invoked and made available, according to its terms, to the
Secretaries of the military departments concerned, subject to the direction
of the Secretary of Defense in the case of the Secretaries of the Army,
Navy, and Air Force. To provide additional authority to the Department
of Defense to support the Federal Government’s response to the emergency
at the southern border, I hereby declare 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), that the construction authority provided
in section 2808 of title 10, United States Code, is invoked and made available,
according to its terms, to the Secretary of Defense and, at the discretion
of the Secretary of Defense, to the Secretaries of the military departments.
I hereby direct as follows:
Section 1. The Secretary of Defense, or the Secretary of each relevant military
department, as appropriate and consistent with applicable law, shall order
as many units or members of the Ready Reserve to active duty as the
Secretary concerned, in the Secretary’s discretion, determines to be appro-
priate to assist and support the activities of the Secretary of Homeland
Security at the southern border.
Sec. 2. The Secretary of Defense, the Secretary of the Interior, the Secretary
of Homeland Security, and, subject to the discretion of the Secretary of
Defense, the Secretaries of the military departments, shall take all appropriate
VerDate Sep<11>2014 09:19 Feb 19, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20FED0.SGM 20FED0
4950
Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Presidential Documents
actions, consistent with applicable law, to use or support the use of the
authorities herein invoked, including, if necessary, the transfer and accept-
ance of jurisdiction over border lands.
Sec. 3. This proclamation is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day
of February, in the year of our Lord two thousand nineteen, and of the
Independence of the United States of America the two hundred and forty-
third.
[FR Doc. 2019–03011
Filed 2–19–19; 8:45 am]
Billing code 3295–F9–P
VerDate Sep<11>2014 09:19 Feb 19, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20FED0.SGM 20FED0
Trump.EPS</GPH>
