06-02-2025

101st Anniversary of the United States Border Patrol

ProclamationView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: A Presidential Proclamation celebrating the 101st anniversary of the U.S. Border Patrol that also outlines a series of aggressive executive actions to curtail illegal immigration. These actions include declaring a national emergency, reinstating the "Remain in Mexico" policy, resuming border wall construction, and conducting mass deportations.

Money: The proclamation does not specify costs, but the policies it enacts have significant financial implications. A mass deportation operation targeting an estimated 13.3 million people could cost at least $315 billion. This includes an estimated $167.8 billion for detention, $34.1 billion for legal processing, and $24.1 billion for removals. The economic impact could also include a reduction in U.S. GDP by 4.2% to 6.8%.

Your Impact: The most likely direct effect is on immigrants seeking asylum and those living in the U.S. without authorization, who face expedited removal and stricter enforcement. For most other Americans, the impact is indirect, involving the economic and tax implications of large-scale enforcement and potential changes in community demographics and labor markets.

Status: This is an enacted Presidential Proclamation, signed on May 27, 2025, and published in the Federal Register.

What's Actually in the Proclamation

This proclamation serves two purposes: to commemorate the 101st anniversary of the U.S. Border Patrol (USBP) and to announce a comprehensive and aggressive border security strategy implemented by the executive branch. It frames these actions as a necessary reversal of the previous administration's policies, which it alleges led to record levels of illegal immigration and a decline in USBP morale.

Core Provisions:

  • National Emergency: Declared a National Emergency at the southern border, granting the Department of Defense additional authority to support federal response efforts.
  • Terrorist Designations: Designated cartels and transnational criminal organizations, specifically naming Tren de Aragua and MS-13, as foreign terrorist organizations.
  • Border Wall: Resumed construction of the wall on the U.S.-Mexico border.
  • Asylum and Entry Policies:
    • Reinstated the "Remain in Mexico" policy (Migrant Protection Protocols), which requires certain asylum-seekers to wait in Mexico for the duration of their U.S. court proceedings.
    • Halted the practice of "catch-and-release."
    • Ended asylum for individuals who cross the border illegally.
  • Enforcement and Deportation:
    • Deployed thousands of U.S. soldiers to the border.
    • Implemented what is described as the largest deportation operation in American history.
    • The proclamation claims that within the first 100 days of the administration, daily border encounters dropped 95%, more than 150,000 illegal aliens were arrested, and more than 135,000 were deported.

Stated Purpose (from the Sponsors):

The proclamation's stated purpose is to honor the USBP and secure the homeland.

  1. To serve as "guardians of our sovereignty and protectors of our homeland against invasion, aggression, and violence."
  2. To repel the flow of deadly drugs, weapons, criminals, and terrorists.
  3. To empower the USBP with the resources and respect needed to uphold the rule of law and keep Americans safe.

Key Facts:

Affected Sectors: Immigration, Law Enforcement, Defense, Foreign Relations.
Timeline: The actions described were initiated on January 20, 2025. The proclamation formalizing these actions and celebrating the USBP was signed on May 27, 2025.
Scope: The policies have a national scope but are primarily focused on enforcement at the U.S. southern border with Mexico.

The Backstory: How We Got Here

Timeline of Events:

The Trump and Biden Administrations (2019-2025):

The policies announced in this proclamation represent a revival and intensification of measures from the first Trump administration. The "Remain in Mexico" policy, officially known as the Migrant Protection Protocols (MPP), was first implemented in January 2019 and sent approximately 68,000 migrants back to Mexico to await court hearings. The policy was widely criticized by human rights groups for exposing migrants to dangerous conditions. The Biden administration suspended and later terminated MPP, citing these human rights concerns and logistical problems. However, this termination was legally challenged, leading to a court-ordered reinstatement of a modified version of the program (MPP 2.0) from December 2021 to August 2022.

Similarly, President Trump previously declared a national emergency at the border in February 2019 to divert military funds for border wall construction after Congress refused to provide the requested funding. This move was unprecedented and faced significant legal and political opposition. The Biden administration terminated that emergency and halted wall construction.

Why Now? The Political Calculus:

  • Fulfilling a Core Promise: The proclamation's aggressive stance on border security directly addresses a central and galvanizing issue for the President's political base. The 2024 Republican platform explicitly calls to "SEAL THE BORDER," "CARRY OUT THE LARGEST DEPORTATION OPERATION IN AMERICAN HISTORY," and reinstate Trump-era policies.
  • Reversal of Predecessor's Policies: The document is explicitly framed as a repudiation of the previous administration's approach. By highlighting a crisis and then claiming dramatic statistical improvements, the administration seeks to draw a sharp contrast and validate its hardline strategy.
  • Symbolic Timing: Using the 101st anniversary of the Border Patrol provides a patriotic and institutional backdrop to announce controversial enforcement actions, aligning them with the honor and service of USBP agents.

Your Real-World Impact

The Direct Answer: This proclamation most directly and significantly affects asylum-seekers and undocumented immigrants, while also impacting border communities and taxpayers nationwide through its financial and economic consequences.

What Could Change for You:

Potential Benefits:

  • Reduced Illegal Immigration: Supporters argue these measures will secure the border, reduce the flow of illegal drugs like fentanyl, and lower the number of people entering the country without authorization.
  • Deterrence of Crime: The administration claims these actions will stop criminals, gang members, and terrorists from entering the country.
  • Less Strain on Resources: A reduction in new arrivals could lessen the immediate strain on social services, schools, and healthcare in border communities.

Possible Disruptions or Costs:

Short-term (First 1-2 Years):

  • Economic Disruption: A large-scale deportation operation could shrink the U.S. labor force by an estimated 4% to 5%, potentially leading to labor shortages in key industries like agriculture and construction and fueling inflation.
  • Taxpayer Costs: The direct cost of funding mass arrests, detentions, and deportations would amount to hundreds of billions of dollars. Resuming border wall construction and deploying the military also carry substantial price tags.

Long-term:

  • Humanitarian Crisis: Forcing tens of thousands of asylum-seekers to wait in Mexican border towns could recreate or worsen dangerous conditions, overwhelming shelters and exposing vulnerable people to violence and exploitation.
  • Loss of Tax Revenue: Removing millions of undocumented residents would result in the loss of billions in tax contributions. In 2022, undocumented households paid an estimated $46.8 billion in federal taxes and $29.3 billion in state and local taxes.

Who's Most Affected:

Primary Groups: Asylum-seekers, undocumented immigrants and their families (including U.S. citizen children), and USBP agents.
Secondary Groups: Employers in industries reliant on immigrant labor (e.g., agriculture, hospitality, construction), residents of border states, and U.S. taxpayers.
Regional Impact: The policies will have the most immediate and visible impact on states along the U.S.-Mexico border, including California, Arizona, New Mexico, and Texas.

Bottom Line: The policies detailed in this proclamation will result in the immediate and large-scale removal of non-citizens from the U.S. and a near-total shutdown of asylum access at the southern border, at a significant financial cost to the nation.

Where the Parties Stand

Republican Position: "Seal the Border, And Stop the Migrant Invasion"

Core Stance: The proclamation's policies align directly with the Republican Party platform, which prioritizes maximum border enforcement and mass deportation.

Their Arguments:

  • ✓ Supports restoring all Trump-era border policies, including the wall and "Remain in Mexico."
  • ✓ Advocates for the largest deportation operation in American history to remove those in the country illegally.
  • ✓ Believes that strong enforcement is necessary to stop an "invasion" of criminals, drugs, and terrorists that strains local resources and threatens national sovereignty.
  • ⚠️ While the platform is aggressive, some fiscal conservatives may express concern over the immense cost of mass deportation and wall construction.

Legislative Strategy: To support and fund the President's executive actions while blocking any legislative attempts to offer amnesty or create pathways to citizenship.

Democratic Position: "Secure the Border & Fix the Broken Immigration System"

Core Stance: The Democratic Party opposes these hardline measures, advocating for what it calls a more humane and orderly system that combines border security with pathways to legal status.

Their Arguments:

  • ✗ Actively oppose mass deportations and family separations, calling them inhumane and out of line with American values.
  • ✗ Condemn the "Remain in Mexico" policy for creating a humanitarian crisis and violating due process for asylum seekers.
  • ✓ Support a bipartisan approach to border security that includes more funding for personnel and technology, but coupled with reforming the asylum system and expanding legal immigration pathways.
  • ⚠️ Acknowledge the need for border security and have supported measures to restrict asylum under certain conditions, but criticize Republicans for blocking comprehensive bipartisan reform bills.

Legislative Strategy: To oppose the President's executive actions through oversight and potential legal challenges, while continuing to push for comprehensive immigration reform legislation that includes a pathway to citizenship.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The President cites authority vested by the "Constitution and the laws of the United States." This primarily relies on two sources:

  1. Article II of the Constitution: This grants the President broad executive power to "take Care that the Laws be faithfully executed," which includes enforcing immigration laws passed by Congress.
  2. Statutory Authority: The Immigration and Nationality Act (INA) grants the executive branch significant discretion in enforcement. The National Emergencies Act (NEA) allows the President to unlock specific powers, such as redirecting military construction funds, once an emergency is declared.

Article II, Section 1, Clause 1: "The executive Power shall be vested in a President of the United States of America."

Constitutional Implications:

Separation of Powers: The use of a national emergency declaration to fund a border wall after Congress has explicitly refused to appropriate those funds raises serious separation of powers questions. Critics argue this usurps Congress's fundamental "power of the purse."
Due Process: Forcing asylum-seekers to remain in Mexico and fast-tracking deportations could be challenged as violating the due process rights guaranteed by the Constitution and the specific asylum procedures mandated by the INA.
Federalism: Large-scale federal enforcement operations and the deployment of the military have significant impacts on state and local governments, potentially creating friction over jurisdiction and resource allocation.

Potential Legal Challenges:

Legal challenges are highly likely from civil liberties and immigrant rights organizations like the ACLU, the National Immigration Law Center, and RAICES. Lawsuits will likely argue that:

  • The actions exceed the President's constitutional authority and violate the separation of powers.
  • The policies violate the Administrative Procedure Act (APA) by being "arbitrary and capricious."
  • The restrictions on asylum violate U.S. obligations under the INA and international law.

Your Action Options

TO SUPPORT THIS PROCLAMATION

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the President's border security actions and ensure they are fully funded."

30-Minute Deep Dive:

  • Write a Detailed Email: Find contact information for your representatives and the leadership of the House and Senate Judiciary and Homeland Security Committees.
  • Join an Organization: Consider supporting groups that advocate for stricter immigration enforcement.

TO OPPOSE THIS PROCLAMATION

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the President's executive actions on the border, such as mass deportations and 'Remain in Mexico'."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper outlining your concerns about the humanitarian and economic costs of these policies.
  • Join an Organization: Advocacy groups that oppose these policies include the American Civil Liberties Union (ACLU), the National Immigration Law Center (NILC), RAICES, the Immigration Advocates Network, and Advocates for Immigrant Rights.