Executive Order No. 14194. Imposing Duties To Address the Situation at Our Southern Border

• Citation: 90 FR 9117
• Published date: 07 February 2025
• FR Document: 2025-02407
• Pages: 9117-9120
• Executive Order No.: 14194
• Date: 01 February 2025
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 90 Issue 25 (Friday, February 7, 2025)

[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
                [Presidential Documents]
                [Pages 9117-9120]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2025-02407] Presidential Documents
                Federal Register / Vol. 90 , No. 25 / Friday, February 7, 2025 /
                Presidential Documents
                [[Page 9117]]
                 Executive Order 14194 of February 1, 2025
                
                Imposing Duties To Address the Situation at Our
                 Southern Border
                 By the authority vested in me as President by the
                 Constitution and the laws of the United States of
                 America, including the International Emergency Economic
                 Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
                 National Emergencies Act (50 U.S.C. 1601 et seq.)
                 (NEA), section 604 of the Trade Act of 1974, as amended
                 (19 U.S.C. 2483), and section 301 of title 3, United
                 States Code,
                 I, DONALD J. TRUMP, President of the United States of
                 America, find that the sustained influx of illegal
                 aliens and illicit opioids and other drugs has profound
                 consequences on our Nation, endangering lives and
                 putting a severe strain on our healthcare system,
                 public services, communities, and schools. Since the
                 end of my first term, U.S. Customs and Border
                 Protection (CBP) within the Department of Homeland
                 Security has recorded more than three times as many
                 inadmissible encounters nationwide as during my first
                 term.
                 These challenges threaten the fabric of our society.
                 Gang members, smugglers, human traffickers, and illicit
                 drugs of all kinds have poured across our borders and
                 into our communities. Mexico has played a central role
                 in these challenges, including by failing to devote
                 sufficient attention and resources to meaningfully stem
                 the tide of unlawful migration and illicit drugs.
                 Mexican drug trafficking organizations (DTOs) are the
                 world's leading traffickers of fentanyl,
                 methamphetamine, cocaine, and other illicit drugs, and
                 they cultivate, process, and distribute massive
                 quantities of narcotics that fuel addiction and
                 violence in communities across the United States. These
                 DTOs collaborate and conspire with transnational
                 cartels and other global partners to smuggle drugs into
                 the United States, utilizing clandestine airstrips,
                 maritime routes, tunnels, and overland corridors, and
                 both willing and unwilling human couriers.
                 The Mexican DTOs have an intolerable alliance with the
                 government of Mexico. This alliance endangers the
                 national security of the United States, and we must
                 eradicate the influence of these dangerous cartels from
                 the bilateral environment. The government of Mexico has
                 afforded safe havens for the cartels to engage in the
                 manufacturing and transportation of illicit drugs,
                 which collectively have led to the overdose deaths of
                 hundreds of thousands of American victims.
                 Mexican cartels are also implicated in human
                 trafficking and smuggling operations, enabling the
                 illegal migration of millions across our borders. These
                 operations are often tied to organized crime, and they
                 create pathways for cartel activities to expand into
                 the United States. Furthermore, violent criminals
                 originating from Central and South America easily
                 transit into and through Mexico, and into the United
                 States, where they cause irreparable harm to our
                 citizens. These dangerous criminals are involved in
                 drug-related violence, gang activity, and other crimes
                 that endanger the safety of American communities.
                 Immediate action is required to address the national
                 emergency I declared in Proclamation 10886 of January
                 20, 2025 (Declaring a National Emergency at the
                 Southern Border of the United States), and to finally
                 end the public
                [[Page 9118]]
                 health crisis caused by opioid use and addiction, which
                 will not happen unless the compliance and cooperation
                 of the government of Mexico is assured.
                 I hereby determine and order:
                 Section 1. (a) As President of the United States, my
                 highest duty is the defense of the country and its
                 citizens. A Nation without borders is not a Nation at
                 all. I will not stand by and allow our sovereignty to
                 be eroded, our laws to be trampled, our citizens to be
                 endangered, or our borders to be disrespected anymore.
                 I previously declared a national emergency with respect
                 to the grave threat to the United States posed by the
                 influx of illegal aliens and illicit drugs into the
                 United States in Proclamation 10886. Pursuant to the
                 NEA, I hereby expand the scope of the national
                 emergency declared in that proclamation to cover the
                 failure of Mexico to arrest, seize, detain, or
                 otherwise intercept DTOs, other drug and human
                 traffickers, criminals at large, and illicit drugs. In
                 addition, this failure to act on the part of the
                 government of Mexico constitutes an unusual and
                 extraordinary threat, which has its source in
                 substantial part outside the United States, to the
                 national security, foreign policy, and economy of the
                 United States. I hereby declare and reiterate a
                 national emergency under the NEA and IEEPA to deal with
                 that threat. This national emergency requires decisive
                 and immediate action, and I have decided to impose,
                 consistent with law, ad valorem tariffs on articles
                 that are products of Mexico as set forth in this order.
                 In doing so, I invoke my authority under section
                 1702(a)(1)(B) of IEEPA, and specifically find that
                 action under other authority to impose tariffs is
                 inadequate to address this unusual and extraordinary
                 threat.
                 Sec. 2. (a) All articles that are products of Mexico,
                 as defined by the Federal Register notice described in
                 section 2(d) of this order (the Federal Register
                 notice), shall be, consistent with law, subject to an
                 additional 25 percent ad valorem rate of duty. Such
                 rate of duty shall apply with respect to goods entered
                 for consumption, or withdrawn from warehouse for
                 consumption, on or after 12:01 a.m. eastern time on
                 February 4, 2025, except that goods entered for
                 consumption, or withdrawn from warehouse for
                 consumption, after such time that were loaded onto a
                 vessel at the port of loading or in transit on the
                 final mode of transport prior to entry into the United
                 States before 12:01 a.m. eastern time on February 1,
                 2025, shall not be subject to such additional duty,
                 only if the importer certifies to CBP as specified in
                 the Federal Register notice.
                 (b) The rates of duty established by this order are
                 in addition to any other duties, fees, exactions, or
                 charges applicable to such imported articles.
                 (c) Should the government of Mexico retaliate
                 against the United States in response to this action
                 through import duties on United States exports to
                 Mexico or similar measures, the President may increase
                 or expand in scope the duties imposed under this
                 Executive Order to ensure the efficacy of this action.
                 (d) In order to establish the duty rate on imports
                 of articles that are products of Mexico, the Secretary
                 of Homeland Security shall determine the modifications
                 necessary to the Harmonized Tariff Schedule of the
                 United States (HTSUS) in order to effectuate this order
                 consistent with law and shall make such modifications
                 to the HTSUS through notice in the Federal Register.
                 The modifications made to the HTSUS by this notice
                 shall be effective with respect to goods entered for
                 consumption, or withdrawn from warehouse for
                 consumption, on or after 12:01 a.m. eastern time on
                 February 4, 2025, except as otherwise noted in
                 subsection 2(a) of this section, and shall continue in
                 effect until such actions are expressly reduced,
                 modified, or terminated.
                 (e) Articles that are products of Mexico, except
                 those that are eligible for admission under ``domestic
                 status'' as defined in 19 CFR 146.43, which are subject
                 to the duties imposed by this order and are admitted
                 into a
                [[Page 9119]]
                 United States foreign trade zone on or after 12:01 a.m.
                 eastern time on February 4, 2025, except as otherwise
                 noted in subsection 2(a) of this section, must be
                 admitted as ``privileged foreign status'' as defined in
                 19 CFR 146.41. Such articles will be subject upon entry
                 for consumption to the rates of duty related to the
                 classification under the applicable HTSUS subheading in
                 effect at the time of admittance into the United States
                 foreign trade zone.
                 (f) No drawback shall be available with respect to
                 the duties imposed pursuant to this order.
                 (g) For avoidance of doubt, duty-free de minimis
                 treatment under 19 U.S.C. 1321 shall not be available
                 for the articles described in subsection (a) of this
                 section.
                 (h) Any prior Presidential Proclamation, Executive
                 Order, or other presidential directive or guidance
                 related to trade with Mexico that is inconsistent with
                 the direction in this order is hereby terminated,
                 suspended, or modified to the extent necessary to give
                 full effect to this order.
                 (i) The articles described in subsection (a) of
                 this section shall exclude those encompassed by 50
                 U.S.C. 1702(b).
                 Sec. 3. (a) The Secretary of Homeland Security shall
                 regularly consult with the Secretary of State, the
                 Attorney General, the Assistant to the President for
                 National Security Affairs, and the Assistant to the
                 President for Homeland Security on the situation at our
                 southern border. The Secretary of Homeland Security
                 shall inform the President of any circumstances that,
                 in the opinion of the Secretary of Homeland Security,
                 indicate that the government of Mexico has taken
                 adequate steps to alleviate the illegal migration and
                 illicit drug crisis through cooperative actions. Upon
                 the President's determination of sufficient action to
                 alleviate the crisis, the tariffs described in section
                 2 of this order will be removed.
                 (b) The Secretary of Homeland Security, in
                 coordination with the Secretary of State, the Attorney
                 General, the Assistant to the President for National
                 Security Affairs, and the Assistant to the President
                 for Homeland Security shall recommend additional
                 action, if necessary, should the government of Mexico
                 fail to take adequate steps to alleviate the illegal
                 migration and illicit drug crises through cooperative
                 enforcement actions.
                 Sec. 4. The Secretary of Homeland Security, in
                 consultation with the Secretary of the Treasury, the
                 Attorney General, and the Secretary of Commerce, is
                 hereby authorized to take such actions, including
                 adopting rules and regulations, and to employ all
                 powers granted to me by IEEPA as may be necessary to
                 implement this order. The Secretary of Homeland
                 Security may, consistent with applicable law,
                 redelegate any of these functions within the Department
                 of Homeland Security. All agencies shall take all
                 appropriate measures within their authority to
                 implement this order.
                 Sec. 5. The Secretary of Homeland Security, in
                 coordination with the Secretary of the Treasury, the
                 Attorney General, the Secretary of Commerce, the
                 Assistant to the President for National Security
                 Affairs, and the Assistant to the President for
                 Homeland Security, is hereby authorized to submit
                 recurring and final reports to the Congress on the
                 national emergency under IEEPA declared in this order,
                 consistent with section 401(c) of the NEA (50 U.S.C.
                 1641(c)) and section 204(c) of IEEPA (50 U.S.C.
                 1703(c)).
                 Sec. 6. General Provisions. (a) Nothing in this order
                 shall be construed to impair or otherwise affect:
                (i) the authority granted by law to an executive department, agency, or the
                head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                [[Page 9120]]
                 (c) This order 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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 February 1, 2025.
                [FR Doc. 2025-02407
                Filed 2-6-25; 8:45 am]
                Billing code 3395-F4-P