Guaranteeing the States Protection Against Invasion

[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]

[Presidential Documents]

[Pages 8333-8336]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-01951]

Presidential Documents

Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 /

Presidential Documents

[[Page 8333]]

Proclamation 10888 of January 20, 2025

Guaranteeing the States Protection Against

Invasion

By the President of the United States of America

A Proclamation

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, I hereby proclaim:

An essential feature of any sovereign nation is the

existence of territorial boundaries and the inherent

authority to decide who and what may cross those

boundaries. The Supreme Court of the United States has

described this power as a ``fundamental act of

sovereignty,'' which ``stems not alone from legislative

power but is inherent in the executive power to control

the foreign affairs of the nation.'' U.S. ex rel.

Knauff v. Shaughnessy, 338 U.S. 537, 542 (1950). The

Supreme Court has recognized the inherent right and

duty of the Executive Branch to defend our national

sovereignty, stating that ``[w]hen Congress prescribes

a procedure concerning the admissibility of aliens, it

is not dealing alone with a legislative power. It is

implementing an inherent executive power.'' Id.

Supreme Court has recognized the inherent right and

duty of the Executive Branch to defend our national

sovereignty, stating that ``[w]hen Congress prescribes

a procedure concerning the admissibility of aliens, it

is not dealing alone with a legislative power. It is

implementing an inherent executive power.'' Id.

The Congress has, in establishing ``an uniform Rule of

Naturalization,'' created a complex and comprehensive

Federal scheme in the Immigration and Nationality Act

(INA), 8 U.S.C. 1101 et seq., to control the entry and

exit of people and goods across the borders of the

United States. In routine circumstances, this complex

and comprehensive scheme can protect the national

sovereignty of the United States by facilitating the

admission of individuals whose presence serves the

national interest and preventing the admission of those

who do not, such as those aliens who pose threats to

public health, section 212(a)(1) of the INA, 8 U.S.C.

1182(a)(1); safety, section 212(a)(2) (8 U.S.C.

1182(a)(2)); and national security, section 212(a)(3)

(8 U.S.C. 1182(a)(3)). Prospective immigrants who use

the visa system are screened for such health, safety,

and security concerns while outside of the United

States, and are not permitted to enter the United

States until they establish that they are eligible to

be admitted as a matter of law and should be admitted

as a matter of discretion.

s who use

the visa system are screened for such health, safety,

and security concerns while outside of the United

States, and are not permitted to enter the United

States until they establish that they are eligible to

be admitted as a matter of law and should be admitted

as a matter of discretion.

But screening under those provisions of the INA can be

wholly ineffective in the border environment, where

access to necessary information is limited for aliens

who have traveled from countries around the world to

enter the United States illegally, or when the system

is overwhelmed, leading to the unauthorized entry of

innumerable illegal aliens into the United States.

Due to significant information gaps--particularly in

the border environment--and processing times, Federal

officials do not have the ability to verify with

certainty the criminal record or national-security

risks associated with the illegal entry of every alien

at the southern border, as required by section

212(a)(2)-(3) of the INA, 8 U.S.C. 1182(a)(2)-(3). Nor

do aliens who illegally cross the southern border

readily provide comprehensive background information

from their home countries to Federal law enforcement

officials.

illegal entry of every alien

at the southern border, as required by section

212(a)(2)-(3) of the INA, 8 U.S.C. 1182(a)(2)-(3). Nor

do aliens who illegally cross the southern border

readily provide comprehensive background information

from their home countries to Federal law enforcement

officials.

The public safety and national security risks in such

an environment are heightened by the presence of, and

control of territory by, international cartels and

other transnational criminal organizations on the other

side of the southern border, as well as terrorists and

other malign actors who intend to harm the United

States and the American people. And the risks

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associated with these issues are greatly exacerbated

when the number of aliens illegally crossing the

southern border increases to levels that prevent actual

operational control of the border.

The same is true for public health, where the Federal

Government currently lacks an effective operational

capability to screen all illegal aliens crossing the

southern border for communicable diseases of public-

health concern, as required by section 212(a)(1) of the

INA, 8 U.S.C. 1182(a)(1). Effectively no aliens who

illegally enter the United States provide Federal

officials at the southern border with their

comprehensive health information, as a lawful immigrant

would. As a result, innumerable aliens potentially

carrying communicable diseases of public health

significance illegally cross the southern border and

enter communities across the United States

ral

officials at the southern border with their

comprehensive health information, as a lawful immigrant

would. As a result, innumerable aliens potentially

carrying communicable diseases of public health

significance illegally cross the southern border and

enter communities across the United States.

Over the last 4 years, at least 8 million illegal

aliens were encountered along the southern border of

the United States, and countless millions more evaded

detection and illegally entered the United States. The

sheer number of aliens entering the United States has

overwhelmed the system and rendered many of the INA's

provisions ineffective, including those previously

described that are intended to prevent aliens posing

threats to public health, safety, and national security

from entering the United States. As a result, millions

of aliens who potentially pose significant threats to

health, safety, and national security have moved into

communities nationwide.

This ongoing influx of illegal aliens across the

southern border of the United States has placed

significant costs and constraints upon the States,

which have collectively spent billions of dollars in

providing medical care and related human services, and

have spent considerable amounts on increased law

enforcement costs associated with the presence of these

illegal aliens within their boundaries.

significant costs and constraints upon the States,

which have collectively spent billions of dollars in

providing medical care and related human services, and

have spent considerable amounts on increased law

enforcement costs associated with the presence of these

illegal aliens within their boundaries.

In joining the Union, the States agreed to surrender

much of their sovereignty and join the Union in

exchange for the Federal Government's promise in

Article IV, Section 4 of the U.S. Constitution, to

``protect each of [the States] against Invasion.'' I

have determined that the current state of the southern

border reveals that the Federal Government has failed

in fulfilling this obligation to the States and hereby

declare that an invasion is ongoing at the southern

border, which requires the Federal Government to take

measures to fulfill its obligation to the States.

The INA provides the President with certain emergency

tools. For example, it states that ``[w]henever the

President finds that the entry of any aliens or of any

class of aliens into the United States would be

detrimental to the interests of the United States, he

may by proclamation, and for such period as he shall

deem necessary, suspend the entry of all aliens or any

class of aliens as immigrants or nonimmigrants, or

impose on the entry of aliens any restrictions he may

deem to be appropriate.'' 8 U.S.C. 1182(f). This

statute ``exudes deference to the President in every

clause.'' Trump v. Hawaii, 585 U.S. 667, 684 (2018)

deem necessary, suspend the entry of all aliens or any

class of aliens as immigrants or nonimmigrants, or

impose on the entry of aliens any restrictions he may

deem to be appropriate.'' 8 U.S.C. 1182(f). This

statute ``exudes deference to the President in every

clause.'' Trump v. Hawaii, 585 U.S. 667, 684 (2018).

Further, the INA renders it unlawful for ``any alien to

depart from or enter or attempt to depart from or enter

the United States except under such reasonable rules,

regulations, and orders, and subject to such

limitations and exceptions as the President may

prescribe.'' 8 U.S.C. 1185(a)(1).

Historically, Presidents have used these statutory

authorities to deny entry of designated classes and

categories of aliens into the United States through

ports of entry. But if the President has the power to

deny entry of any alien into the United States, and to

impose any restrictions as he may deem appropriate,

this authority necessarily includes the right to deny

the physical entry of aliens into the United States and

impose restrictions on access to portions of the

immigration system, particularly when the number of

aliens illegally crossing the southern border prevents

the Federal Government from obtaining operational

control of the border.

The INA does not, however, occupy the Federal

Government's field of authority to protect the

sovereignty of the United States, particularly in times

[[Page 8335]]

ber of

aliens illegally crossing the southern border prevents

the Federal Government from obtaining operational

control of the border.

The INA does not, however, occupy the Federal

Government's field of authority to protect the

sovereignty of the United States, particularly in times

[[Page 8335]]

of emergency when entire provisions of the INA are

rendered ineffective by operational constraints, such

as when there is an ongoing invasion into the States.

The President's inherent powers to control the borders

of the United States, including those deriving from his

authority to control the foreign affairs of the United

States, necessarily include the ability to prevent the

physical entry of aliens involved in an invasion into

the United States, and to rapidly repatriate them to an

alternative location. Only through such measures can

the President guarantee the right of each State to be

protected against invasion.

By the power vested in me by the Constitution and the

laws of the United States, I have determined that the

current situation at the southern border qualifies as

an invasion under Article IV, Section 4 of the

Constitution of the United States

e right of each State to be

protected against invasion.

By the power vested in me by the Constitution and the

laws of the United States, I have determined that the

current situation at the southern border qualifies as

an invasion under Article IV, Section 4 of the

Constitution of the United States. Accordingly, I am

issuing this Proclamation based on my express and

inherent powers in Article II of the Constitution of

the United States, and in faithful execution of the

immigration laws passed by the Congress, and suspending

the physical entry of aliens involved in an invasion

into the United States across the southern border until

I determine that the invasion has concluded.

NOW, THEREFORE, I, Donald J. Trump, President of the

United States of America, by the authority vested in me

by the Constitution and the laws of the United States

of America, including sections 212(f) and 215(a) of the

INA, 8 U.S.C. 1182(f) and 1185(a), and section 301 of

title 3, United States Code, hereby direct as follows:

Section 1. Suspension of Entry. I hereby proclaim,

pursuant to sections 212(f) and 215(a) of the INA, 8

U.S.C. 1182(f) and 1185(a), that the entry into the

United States on or after the date of this order of

aliens engaged in the invasion across the southern

border is detrimental to the interests of the United

States. I therefore direct that entry into the United

States of such aliens be suspended until I issue a

finding that the invasion at the southern border has

ceased.

er the date of this order of

aliens engaged in the invasion across the southern

border is detrimental to the interests of the United

States. I therefore direct that entry into the United

States of such aliens be suspended until I issue a

finding that the invasion at the southern border has

ceased.

Sec. 2. Imposition of Restrictions on Entry for Aliens

Invading the United States. I hereby proclaim, pursuant

to sections 212(f) and 215(a) of the INA, 8 U.S.C.

1182(f) and 1185(a), that aliens engaged in the

invasion across the southern border of the United

States on or after the date of this proclamation are

restricted from invoking provisions of the INA that

would permit their continued presence in the United

States, including, but not limited to, section 208 of

the INA, 8 U.S.C. 1158, until I issue a finding that

the invasion at the southern border has ceased.

Sec. 3. Suspension of and Restriction on Entry for

Aliens Posing Public Health, Safety, or National

Security Risks. I hereby proclaim, pursuant to sections

212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and

1185(a), that the entry into the United States, on or

after the date of this order, of any alien who fails,

before entering the United States, to provide Federal

officials with sufficient medical information and

reliable criminal history and background information as

to enable fulfillment of the requirements of sections

212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is

detrimental to the interests of the United States

fore entering the United States, to provide Federal

officials with sufficient medical information and

reliable criminal history and background information as

to enable fulfillment of the requirements of sections

212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is

detrimental to the interests of the United States. I

therefore direct that entry into the United States of

such aliens be suspended and restrict their access to

provisions of the INA that would permit their continued

presence in the United States, including, but not

limited to, section 208 of the INA, 8 U.S.C. 1158.

Sec. 4. Constitutional Suspension of Physical Entry.

Under the authorities provided to me under Article II

of the Constitution of the United States, including my

control over foreign affairs, and to effectuate the

guarantee of protection against invasion required by

Article IV, Section 4, I hereby suspend the physical

entry of any alien engaged in the invasion across the

southern border of the United States, and direct the

Secretary of Homeland Security, in coordination with

the Secretary of State and the Attorney General, to

take appropriate actions as may be necessary to achieve

the

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objectives of this proclamation, until I issue a

finding that the invasion at the southern border has

ceased.

Secretary of Homeland Security, in coordination with

the Secretary of State and the Attorney General, to

take appropriate actions as may be necessary to achieve

the

[[Page 8336]]

objectives of this proclamation, until I issue a

finding that the invasion at the southern border has

ceased.

Sec. 5. Operational Actions to Repel the Invasion. The

Secretary of Homeland Security, in coordination with

the Secretary of State and the Attorney General, shall

take all appropriate action to repel, repatriate, or

remove any alien engaged in the invasion across the

southern border of the United States on or after the

date of this order, whether as an exercise of the

suspension power in section 212(f) and 215(a) of the

INA, 8 U.S.C. 1182(f) and 1185(a), or as an exercise of

my delegated authority under the Constitution of the

United States, until I issue a finding that the

invasion at the southern border has ceased.

Sec. 6. General Provisions. (a) Nothing in this

proclamation shall be construed to impair or otherwise

affect:

(i) the authority granted by law to an executive department or 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 proclamation shall be implemented

consistent with applicable law and subject to the

availability of appropriations.

y granted by law to an executive department or 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 proclamation shall be implemented

consistent with applicable law and subject to the

availability of appropriations.

(c) 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

twentieth day of January, in the year of our Lord two

thousand twenty-five, and of the Independence of the

United States of America the two hundred and forty-

ninth.

(Presidential Sig.)

[FR Doc. 2025-01951

Filed 1-28-25; 8:45 am]

Billing code 3395-F4-P