President Trump issued a presidential proclamation establishing a national emergency at the southern border, citing authority under sections 201 and 301 of the National Emergencies Act, and making Ready Reserve and National Guard troops available to the Secretary of Defense, and invoking authority that permits the Department of Defense to undertake military construction projects that support the Armed Forces during a declared war or national emergency.
The proclamation purports to permit the Department of Defense (DOD) to order as many Ready Reserve and National Guard troops are necessary to help the Department of Homeland Security (DHS) “obtain[ ] complete operational control of the southern border of the United States” and for DHS and DOD to begin to “to construct additional physical barriers along the southern border.” The proclamation also tells the Secretary of Transportation and the Federal Communications Commission to consider waiving regulations or policies that restrict DHS’s ability to take measures to counter drones within five miles of the southern border. Reporting requirements are also included: withing 30 days, DOD must report on the actions taken to fulfill the requirement so the proclamation, and within 90 days, DOD and DHS must submit a joint report about the conditions at the southern border, and offer any recommendations on further action, including whether to invoke the Insurrection Act of 1807.