Declaring A National Emergency At The Southern Border Of The United States

January 20, 2025

Presidential Actions

View Original

Action Summary

Purpose and Justification: Declare a national emergency at the southern border to counter criminal cartels, gangs, terrorists, human traffickers, and illegal narcotics, which have contributed to widespread violence, loss of life, and chaos over the past four years.
National Security Threat: Emphasizes that the invasion of unlawful aliens, including unvetted military-age males from foreign adversaries, undermines America’s sovereign borders and endangers American citizens.
Authority and Legal Basis: Invokes the National Emergencies Act and section 12302 of title 10, U.S. Code, authorizing the use of the Armed Forces, including the Ready Reserve and National Guard, under the direction of the Secretary of Defense.
Military Deployment and Support: Directs the Secretary of Defense to deploy military units and resources (detention space, transportation, logistics) to assist the Department of Homeland Security in attaining complete operational control of the southern border.
Additional Physical Barriers: Orders the immediate construction of physical barriers along the southern border, with assistance from state governors where possible, to enhance border security.
Unmanned Aerial Systems: Requires the consideration of waiving FAA and FCC regulations to allow the Department of Homeland Security to effectively counter unmanned aerial systems within five miles of the border.
Policy Revision and Coordination: Instructs the Secretary of Defense and Homeland Security, in consultation with the Attorney General, to review and adjust policies—especially force usage—to prevent unauthorized crossings while protecting personnel.
Revocation of Prior Proclamation: Revokes Proclamation 10142 of January 20, 2021, thereby nullifying the previous termination of emergency measures regarding the southern border.
Reporting Requirements: Mandates a report within 30 days from the Secretary of Defense and a joint 90-day report from the Secretary of Defense and Homeland Security, outlining actions taken and further recommendations, including potential invocation of the Insurrection Act.
General Provisions: Clarifies that this proclamation does not override existing departmental authorities, budgetary processes, or create enforceable rights in law, ensuring implementation is consistent with applicable legal constraints and appropriations.

Risks & Considerations

The declaration of a national emergency at the southern border could lead to increased federal focus and resources being directed towards border security, potentially impacting federal funding allocations for other areas, including education and research.
Heightened military involvement and construction of additional physical barriers may lead to political and social tensions, which could affect the university’s community, particularly if there are students or faculty with ties to affected regions.
The emphasis on national security and immigration control might influence public discourse and policy priorities, potentially affecting research funding and academic freedom in areas related to immigration, human rights, and international relations.
Vanderbilt University may need to consider the implications of these policies on its international students and faculty, as well as its partnerships with institutions in border regions.

Impacted Programs

Vanderbilt Law School may see increased demand for expertise in immigration law and policy, providing opportunities for research and advocacy.
The Department of Political Science could experience heightened interest in courses and research related to national security, immigration policy, and international relations.
Vanderbilt’s Office of International Student and Scholar Services might need to enhance support services for international students and scholars affected by changes in immigration policy.
The Center for Latin American Studies may find opportunities to engage in research and dialogue on the impacts of border security policies on Latin American communities.

Financial Impact

Potential reallocation of federal funds towards border security could impact grant opportunities for research in other areas, necessitating strategic adjustments in funding applications.
Increased focus on national security might open new funding avenues for research in technology, defense, and policy analysis, which Vanderbilt could leverage.
Changes in immigration policy could affect the university’s revenue from international student tuition, requiring adjustments in financial planning and recruitment strategies.

Relevance Score: 3 (The order presents moderate risks involving compliance or ethics, particularly in relation to immigration and funding priorities.)

Key Actions

Vanderbilt’s Office of Federal Relations should monitor developments related to the national emergency at the southern border, as changes in federal policies and resource allocations could impact research funding and collaborations with federal agencies.
The Department of Political Science could explore research opportunities on the implications of increased military involvement in domestic border security, providing insights into the balance between national security and civil liberties.
Vanderbilt’s Law School may consider analyzing the legal ramifications of the revocation of Proclamation 10142 and the potential invocation of the Insurrection Act of 1807, offering expertise on constitutional and administrative law issues.

Opportunities

The executive order presents an opportunity for Vanderbilt’s Center for Latin American Studies to engage in policy analysis and dialogue regarding U.S.-Mexico relations and the socio-political impacts of border security measures.
Vanderbilt’s Peabody College could develop educational programs or workshops focused on immigration policy and its effects on communities, enhancing public understanding and engagement.

Relevance Score: 3 (The order requires some adjustments to processes or procedures, particularly in research and policy analysis areas.)

Average Relevance Score: 3.6

Timeline for Implementation

Within 30 days of January 20, 2025: The Secretary of Defense must submit a report outlining all actions taken to meet the proclamation’s objectives.
Within 90 days of January 20, 2025: The Secretaries of Defense and Homeland Security are required to submit a joint report assessing border conditions and recommending any further actions.

Relevance Score: 4

Impacted Government Organizations

Department of Homeland Security (DHS): Tasked with obtaining full operational control of the southern border and coordinating with the Armed Forces to secure it.
Department of Defense (DoD): Directed to deploy Armed Forces, including units from the Ready Reserve and National Guard, and to support DHS operations along the southern border.
Department of Transportation (DoT): Instructed to consider waiving applicable regulatory restrictions related to unmanned aerial systems within 5 miles of the border.
Federal Communications Commission (FCC): Also required to consider regulatory waivers to support the Department of Homeland Security’s counter unmanned aerial systems efforts near the border.
Federal Aviation Administration (FAA): Although not directly assigned new tasks, its regulations are up for consideration for waivers to facilitate the use of unmanned aerial systems in the border region.
Office of the Attorney General (Department of Justice): Consulted in revising policies and strategies to ensure the prioritization of security measures during border enforcement operations.

Relevance Score: 3 (A moderate number of Federal Agencies are impacted by the order.)

Responsible Officials

Secretary of Defense – Charged with ordering the deployment of Armed Forces, facilitating logistical support, and submitting reports on implementation, as well as coordinating with other agencies.
Secretary of Homeland Security – Responsible for obtaining complete operational control of the southern border, coordinating on physical barrier construction, and joint reporting with the Secretary of Defense.
Secretary of Transportation – Tasked with considering waivers of applicable regulations to facilitate counter unmanned aerial system operations along the southern border.
Federal Communications Commission – Instructed to consider waiving policies that restrict counter unmanned aerial system efforts near the southern border.

Relevance Score: 5 (Directives impact agency heads and Cabinet-level officials responsible for national security and border enforcement).