January 20, 2025 Guaranteeing The States Protection Against Invasion - Executive Memo
- Fact Seeker
- Mar 2
- 2 min read
Summary of Presidential Proclamation on Southern Border Security
President Donald J. Trump issued a proclamation on January 20, 2025, invoking executive authority under the U.S. Constitution and the Immigration and Nationality Act (INA) to address what he declared as an "ongoing invasion" at the southern border. The proclamation outlines concerns regarding national security, public safety, and public health due to unauthorized border crossings and directs federal agencies to take immediate restrictive measures.
Legal Basis for Action
The proclamation cites Supreme Court rulings affirming the executive branch’s authority over border security.
References Article IV, Section 4 of the Constitution, which obligates the federal government to protect states against invasion.
Invokes INA Sections 212(f) and 215(a), which allow the president to suspend entry of certain non-citizens if deemed detrimental to U.S. interests.
Border Security Concerns
Over 8 million unauthorized crossings at the southern border were recorded in the past four years.
Estimates suggest millions more entered undetected.
Officials face challenges verifying criminal histories, security risks, and health conditions of those crossing.
Presence of transnational criminal organizations and potential terrorists heightens risks.
State-Level Impact
States have incurred billions in healthcare, human services, and law enforcement costs.
The federal government is accused of failing to uphold its constitutional duty to protect states.
Actions Ordered by the Proclamation
Suspension of Entry: Non-citizens involved in unauthorized crossings are barred from entry until the president declares the "invasion" over.
Restrictions on Immigration Claims: Limits access to INA provisions, including asylum claims (Section 208).
Public Health & Security Measures: Bars entry of individuals unable to provide medical and criminal background information.
Operational Enforcement: Directs Homeland Security, State Department, and Justice Department to take actions including repatriation, removal, or denial of physical entry.
Implementation and Legal Provisions
Federal agencies must enforce the order while complying with existing laws and budget constraints.
The proclamation does not create legal rights enforceable against the government.
This proclamation marks a significant expansion of executive authority over immigration enforcement, citing national security and constitutional obligations as justification.
Writer's Note: Summary made with the use of AI tools for editing and quick processing, facts checked against the order before publishing.
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