Presidential Proclamation on Declaring a National
Emergency Concerning the Southern Border of the United States
Issued on: February 15, 2019
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 Department 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 appropriate 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 actions, consistent with
applicable law, to use or support the use of the authorities herein
invoked, including, if necessary, the transfer and acceptance 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.
DONALD J. TRUMP
My Comment:
The above is the only full Youtube I could get to post w/embedding. Go to 10:13 for entrance of President Trump.
For the President to use Emergency Procedure: 10 U.S. Code §
284 (b)(7) via 50 U.S. Code § 1631, 1621, 1622; 10 U.S.C. § 2808 & the line
item access to funds use of FASAB Standard 56 while upholding his
Constitutional Oath in 2.1 to uphold 4.4 of the US Constitution as Supreme Law of Land (Article
6) is NOT unconstitutional & it is legally CORRECT, and it will stand as a
Plenary Power recognized at the US Supreme Court level to protect any and all
states FROM INVASION.
As he has stated, he will also especially utilize 10 U.S. Code § 284 "(a)The Secretary of Defense may
provide... (b)(7) Construction of roads and fences and installation of lighting
to block drug smuggling corridors across international boundaries of the United
States."
Thank You President Trump. It's been a LONG TIME coming, but at least you are doing something about it and getting it done. Please get it ALL done. Thank you kindly, sir.
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