"Military Operation to Secure the U.S. Southern Border and Deter Unauthorized Incursions"

 

Memorandum on Strengthening Border Security through Military Support

As Chief Executive and Commander in Chief, the Constitution of the United States grants me the authority to direct the executive branch in defense of our homeland and in safeguarding the territorial integrity and sovereignty of the United States. Our southern border faces ongoing and complex threats, requiring a more active role for our military in ensuring border security.

Pursuant to Executive Order 14167 of January 20, 2025, Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States, I have directed the Armed Forces to undertake the missions of repelling unlawful incursions and securing the southern border to preserve national sovereignty and security. This memorandum provides further guidance to key executive departments in support of that mission.

Section 1. Policy

(a) To carry out the military missions outlined in Executive Order 14167 and to ensure the safety of personnel operating along the southern border, the following Secretaries — Defense, Interior, Agriculture, and Homeland Security — shall take all appropriate actions:

  1. Enable the Department of Defense (DoD) to utilize and assume jurisdiction over necessary Federal lands — including the Roosevelt Reservation but excluding Federal Indian Reservations — for border operations, including barrier construction and deployment of detection systems.

  2. Facilitate the legal transfer of jurisdiction over those lands to DoD, as needed, and support their designation as National Defense Areas.

(b) The Secretary of the Interior shall authorize DoD use of any portions of the Roosevelt Reservation not yet transferred. Under Proclamation 10886 (Declaring a National Emergency at the Southern Border), 43 U.S.C. 155 is invoked to permit withdrawals, reservations, and restrictions on public lands for DoD use, notwithstanding limitations under the Engle Act.

(c) The Secretary of Defense shall determine the scope and nature of military activities necessary to fulfill the assigned mission and protect military installations, consistent with 10 U.S.C. § 2672, 50 U.S.C. § 797, and 18 U.S.C. § 1382.

(d) Military personnel engaged in these operations shall operate under rules for the use of force established by the Secretary of Defense.

Section 2. Phased Implementation

This directive will first be implemented in a limited sector of Federal land as designated by the Secretary of Defense. Within 45 days of this memorandum, an initial assessment of operations will be conducted. Expansion to additional sectors may occur at any time, in coordination with the Secretary of Homeland Security, the President’s Homeland Security Advisor, and relevant executive agencies.

Section 3. General Provisions

(a) Nothing in this memorandum shall:

  1. Limit the Secretary of Defense’s authority to request State Governors activate National Guard units under Title 32, including support for law enforcement upon request by the Attorney General or Secretary of Homeland Security.

  2. Affect existing legal authorities of executive departments or agency heads.

  3. Interfere with the responsibilities of the Director of the Office of Management and Budget regarding budget, administration, or legislation.

(b) Implementation of this memorandum is subject to applicable laws and availability of appropriations.

(c) This memorandum does not create any enforceable right or benefit for any party against the United States, its agencies, or person.

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