PROCLAMATION · 2025-01948 · 90 FR 8327 · Executive Office of the President

Declaring a National Emergency at the Southern Border of the United States

in effect

status verified 2026-07-27 01:10:47

What it is

This is Presidential Proclamation 10886, signed January 20, 2025, declaring a national emergency at the southern U.S. border under the National Emergencies Act (sections 201 and 301). It directs the military to help the Department of Homeland Security (DHS) gain full operational control of the border, and it activates specific defense authorities to do so.

What it changes

It invokes 10 U.S.C. 12302 (allowing call-up of the Ready Reserve) and 10 U.S.C. 2808 (allowing military construction funds to be redirected), and orders the Secretary of Defense to send as many troops — including the Ready Reserve and National Guard — as deemed appropriate, plus detention space, aircraft, transportation, and logistics for DHS. Defense and DHS are directed to immediately build additional physical barriers along the border and coordinate with willing state governors. The Secretary of Transportation and the FCC are told to consider waiving FAA and FCC rules that limit DHS’s ability to counter drones within 5 miles of the border, and agencies must revise use-of-force and entry-denial policies. It sets two deadlines: a report from the Secretary of Defense within 30 days, and a joint Defense/DHS report within 90 days that must assess conditions and recommend further action, including whether to invoke the Insurrection Act of 1807. It also revokes an earlier order, Proclamation 10142 (January 20, 2021), which had ended a prior border emergency and redirected wall-construction funds.

Who is affected

The Department of Defense (including active troops, the Ready Reserve, and the National Guard), DHS, the Department of Transportation, the FCC, and the Attorney General are given directives, deadlines, or coordination roles. State governors are invited to assist with border infrastructure. The document states it creates no new legal rights enforceable against the government and must be carried out consistent with existing law and available funding.

Signed 2025-01-20 · Published 2025-01-29 · Effective — · Federal Register entry ↗