Documents › Executive orders › 14165
Executive Order 14165
Securing Our Borders
Signed January 20, 2025, printed at 90 FR 8467. 11 sections of substance, 1,341 words.
This order is about the southern border. It calls the crossings an invasion. It sends more staff and building work to the line.
Sec. 1. Purpose
Over the last 4 years, the United States has endured a large-scale invasion at an unprecedented level. Millions of illegal aliens from nations and regions all around the world successfully entered the United States where they are now residing, including potential terrorists, foreign spies, members of cartels, gangs, and violent transnational criminal organizations, and other hostile actors with malicious intent. Deadly narcotics and other illicit materials have flowed across the border while agents and officers spend their limited resources processing illegal aliens for release into the United States. These catch-and- release policies undermine the rule of law and our sovereignty, create substantial risks to public safety and security, and divert critical resources away from stopping the entry of contraband and fugitives into the United States. We have limited information on the precise
Over the last 4 years, the United States has endured a large-scale invasion at an unprecedented level. Millions of illegal aliens from nations and regions all around the world successfully entered the United States where they are now residing, including potential terrorists, foreign spies, members of cartels, gangs, and violent transnational criminal organizations, and other hostile actors with malicious intent. Deadly narcotics and other illicit materials have flowed across the border while agents and officers spend their limited resources processing illegal aliens for release into the United States. These catch-and- release policies undermine the rule of law and our sovereignty, create substantial risks to public safety and security, and divert critical resources away from stopping the entry of contraband and fugitives into the United States. We have limited information on the precise
This sets out the case the order makes. It says millions crossed over four years. It says some are spies, gang members or worse. It says drugs came in at the same time. It says agents spent their time processing releases. It calls catch and release a threat to safety.
Sec. 2. Policy
It is the policy of the United States to take all appropriate action to secure the borders of our Nation through the following means: (a) Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology; (b) Deterring and preventing the entry of illegal aliens into the United States; (c) Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States; (d) Removing promptly all aliens who enter or remain in violation of Federal law; (e) Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States; (f) Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration
It is the policy of the United States to take all appropriate action to secure the borders of our Nation through the following means: (a) Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology; (b) Deterring and preventing the entry of illegal aliens into the United States; (c) Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States; (d) Removing promptly all aliens who enter or remain in violation of Federal law; (e) Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States; (f) Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration
This sets border policy. A wall and other barriers are to be built. Staff and technology are to back them up. People caught crossing are to be held. Those here against the law are to be removed. Charges are to be brought against them and their helpers. State and local police are to be brought in.
Sec. 3. Physical Barriers
The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate action to deploy and construct temporary and permanent physical barriers to ensure complete operational control of the southern border of the United States.
The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate action to deploy and construct temporary and permanent physical barriers to ensure complete operational control of the southern border of the United States.
This covers walls and fences. Defense must act. Homeland Security must act with it. They must put up barriers on the southern border. Some would be temporary. Some would be permanent. The stated aim is full operational control of that border.
Sec. 4. Deployment of Personnel
(a) The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate and lawful action to deploy sufficient personnel along the southern border of the United States to ensure complete operational control; and (b) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to supplement available personnel to secure the southern border and enforce the immigration laws of the United States through the use of sections 1103(a)(2) and (4)- (6) of the INA (8 U.S.C. 1103(a)(2) and (4)-(6)).
(a) The Secretary of Defense and the Secretary of Homeland Security shall take all appropriate and lawful action to deploy sufficient personnel along the southern border of the United States to ensure complete operational control; and (b) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to supplement available personnel to secure the southern border and enforce the immigration laws of the United States through the use of sections 1103(a)(2) and (4)- (6) of the INA (8 U.S.C. 1103(a)(2) and (4)-(6)).
This is about staffing the border. Defense and Homeland Security must send enough people. The aim is full control of the southern line. The Attorney General must add staff as well. A section of immigration law allows that. Those staff help enforce the entry rules.
Sec. 5. Detention
The Secretary of Homeland Security shall take all appropriate actions to detain, to the fullest extent permitted by law, aliens apprehended for violations of immigration law until their successful removal from the United States. The Secretary shall, consistent with applicable law, issue new policy guidance or propose regulations regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as ``catch-and-release,'' whereby illegal aliens are routinely released into the United States shortly after their apprehension for violations of immigration law.
The Secretary of Homeland Security shall take all appropriate actions to detain, to the fullest extent permitted by law, aliens apprehended for violations of immigration law until their successful removal from the United States. The Secretary shall, consistent with applicable law, issue new policy guidance or propose regulations regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as ``catch-and-release,'' whereby illegal aliens are routinely released into the United States shortly after their apprehension for violations of immigration law.
This is about holding people. Homeland Security must hold those caught breaking entry law. They stay held until they are removed. New guidance or rules must set out how. The practice known as catch and release is to end. Under that practice people were freed soon after arrest.
Sec. 6. Resumption of Migrant Protection Protocols
As soon as practicable, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall take all appropriate action to resume the Migrant Protection Protocols in all sectors along the southern border of the United States and ensure that, pending removal proceedings, aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came.
As soon as practicable, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall take all appropriate action to resume the Migrant Protection Protocols in all sectors along the southern border of the United States and ensure that, pending removal proceedings, aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came.
This brings back a border program. Homeland Security must restore it in every sector. It works with State and the Attorney General. Under the program people wait outside the country. They wait there while their case is heard. The law names who may be sent back that way.
Sec. 7. Adjusting Parole Policies
The Secretary of Homeland Security shall, consistent with applicable law, take all appropriate action to: (a) Cease using the ``CBP One'' application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States; (b) Terminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the ``Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.'' (c) Align all policies and operations at the southern border of the United States to be consistent with the policy of Section 2 of this order and ensure that all future parole determinations fully comply with this order and with applicable law.
The Secretary of Homeland Security shall, consistent with applicable law, take all appropriate action to: (a) Cease using the ``CBP One'' application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States; (b) Terminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the ``Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.'' (c) Align all policies and operations at the southern border of the United States to be consistent with the policy of Section 2 of this order and ensure that all future parole determinations fully comply with this order and with applicable law.
This is about parole into the country. Use of the CBP One app for that must stop. Blanket parole programs must end. One covered people from four countries. Border work must match the policy in this order. Future parole rulings must follow it too.
Sec. 8. Additional International Cooperation
The Secretary of State, in coordination with the Attorney General and the Secretary of Homeland Security, shall take all appropriate action to facilitate additional international cooperation and agreements, consistent with the policy of Section 2, including entering into agreements based upon the provisions of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)) or any other applicable provision of law.
The Secretary of State, in coordination with the Attorney General and the Secretary of Homeland Security, shall take all appropriate action to facilitate additional international cooperation and agreements, consistent with the policy of Section 2, including entering into agreements based upon the provisions of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)) or any other applicable provision of law.
This covers deals with other countries. State must seek more of them. Justice works with it. So does Homeland Security. The deals must fit the policy set out earlier. One asylum law is named as a basis. Other laws may serve as well.
Sec. 9. DNA and Identification Requirements
(a) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, title X of Public Law 109-162, for all aliens detained under the authority of the United States; and (b) The Secretary of Homeland Security shall take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security.
(a) The Attorney General and the Secretary of Homeland Security shall take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, title X of Public Law 109-162, for all aliens detained under the authority of the United States; and (b) The Secretary of Homeland Security shall take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security.
This is about identity checks. A 2005 law requires DNA samples from those held. Two agency heads must see that it is followed. Homeland Security must also test claimed family ties. It may use any tool it has to do so.
Sec. 10. Prosecution of Offenses
The Attorney General and the Secretary of Homeland Security shall take all appropriate action to prioritize the [[Page 8469]] prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.
The Attorney General and the Secretary of Homeland Security shall take all appropriate action to prioritize the [[Page 8469]] prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.
This sets a charging priority. Justice and Homeland Security must act. Crimes tied to the borders come first. Smuggling people is named. So is trafficking in people. Child trafficking is named. So is sex trafficking. Both the inquiry and the case take priority.
Sec. 11. Additional Measures
Within 14 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall provide recommendations to the President regarding the use of any other authority to protect the United States from foreign threats and secure the southern border.
Within 14 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall provide recommendations to the President regarding the use of any other authority to protect the United States from foreign threats and secure the southern border.
This asks for advice. Four officials must report in 14 days. State is one. Justice is another. Health and Human Services is a third. Homeland Security is the fourth. They must suggest other powers the President could use. The aim is guarding against foreign threats and securing the border.
Sec. 12. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order 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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, January 20, 2025. [FR Doc. 2025-02015 Filed 1-29-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order 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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, January 20, 2025. [FR Doc. 2025-02015 Filed 1-29-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
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