08-04-2025

Notice on Declaring a National Emergency at the Southern Border of the United States

The 1-Minute Brief

What: This presidential notice extends the authority to call up military reservists for duty at the U.S. southern border to include the U.S. Coast Guard. It falls under a national emergency declared on January 20, 2025, which cited an "invasion by foreign criminal gangs and aliens" as the reason for the emergency declaration.

Money: The notice does not specify costs. However, activating reservists incurs expenses for pay, benefits, and operational support. For example, a junior Coast Guard reservist earns approximately $292 for a drill weekend, with full active-duty pay and housing allowances when deployed. Health coverage for a reservist costs about $47 per month and $239 for a family. The total cost will depend on the number of personnel activated and the duration of their service.

Your Impact: The most likely direct effect is on members of the U.S. Coast Guard Ready Reserve, who can now be ordered to active duty at the southern border for up to 24 consecutive months without their consent. For other Americans, the impact is indirect, relating to the use of tax dollars for border security and the broader political debate on immigration.

Status: This is an executive action that is in effect. The original national emergency (Proclamation 10886) was declared on January 20, 2025. This specific notice extending authority to the Coast Guard was signed on July 15, 2025, and published in the Federal Register on August 4, 2025.


What's Actually in the Bill

This presidential notice is an extension of powers under an existing national emergency. It does not create a new policy but expands the personnel who can be used to execute the policy laid out in Proclamation 10886. The original proclamation declared a national emergency, stating the southern border was "overrun by cartels, criminal gangs, known terrorists, human traffickers, [and] smugglers." This notice specifically grants the Secretary of Homeland Security the authority to activate Coast Guard reservists to assist in the response.

Core Provisions:

  • The notice invokes 10 U.S.C. § 12302, a federal law that allows the President, during a declared national emergency, to order members of the Ready Reserve to active duty.
  • This authority, previously granted to the Secretary of Defense for other military branches, is now extended to the Secretary of Homeland Security for the U.S. Coast Guard.
  • Reservists can be ordered to active duty for not more than 24 consecutive months without their consent.
  • The total number of Ready Reserve members on active duty under this authority at any one time cannot exceed 1,000,000.

Stated Purpose (from the Sponsors):

The notice states that the action is being taken because "Support of the United States Coast Guard is critical to ensuring the sovereignty and territorial integrity of the United States and safeguarding our maritime borders and approaches." The original proclamation aimed to give the Department of Homeland Security "full operational control of the southern border."

Key Facts:

Affected Sectors: Homeland Security, Defense, Maritime.
Timeline: The notice was signed on July 15, 2025, as an extension of the national emergency declared on January 20, 2025.
Scope: The action applies to members of the U.S. Coast Guard Ready Reserve and pertains to operations at the southern border of the United States, including maritime regions.


The Backstory: How We Got Here

Timeline of Events:

Era of Border Militarization (1980s-2010s):

Presidents from both parties have long used military and National Guard forces to support civilian agencies at the border. President George H.W. Bush established Joint Task Force-Six in 1989 to assist with counter-drug operations. President Bill Clinton launched "Operation Gatekeeper" in 1994, and President George W. Bush initiated "Operation Jump Start" in 2006, both deploying thousands of National Guard troops. President Barack Obama also sent 1,200 Guard troops to the border in 2011 as part of "Operation Phalanx." These deployments were typically in support roles, not direct law enforcement.

The Trump Administration (2017-2021 & 2025-Present):

The use of executive action for border security became a major political flashpoint. In 2019, following a government shutdown over funding for a border wall, President Trump declared a national emergency to redirect military funds for wall construction. This move was unprecedented in that it sought to spend money Congress had explicitly refused to allocate for that purpose and was met with numerous legal challenges. Upon taking office in 2025, President Trump immediately issued Proclamation 10886, declaring a new national emergency at the southern border, citing an "invasion."

Why Now? The Political Calculus:

  • Personnel Needs: Extending the call-up authority to the Coast Guard suggests a need for specialized maritime security skills or simply more personnel to sustain a large-scale, long-term operation at the border.
  • Political Messaging: The action reinforces a key political promise to take decisive action on border security. Using the Coast Guard highlights the maritime dimension of border control, including smuggling via sea routes.
  • Sustained Focus: Issuing a follow-on notice several months after the initial proclamation keeps the issue in the public eye and demonstrates an ongoing commitment to the administration's border security strategy.

Your Real-World Impact

The Direct Answer: This action directly affects members of the Coast Guard Ready Reserve and their families, with indirect impacts on taxpayers and communities near the southern border.

What Could Change for You:

Potential Benefits:

  • For those concerned about border security, this action represents a tangible increase in federal resources and personnel dedicated to patrolling maritime approaches to the U.S.
  • It could lead to increased interdiction of drugs and smugglers at sea, potentially impacting public safety in border regions.

Possible Disruptions or Costs:

Short-term (1-2 years):

  • For Reservists: An unexpected call to active duty can disrupt civilian careers, family life, and personal plans.
  • For Taxpayers: The costs of deploying, paying, and equipping these forces will be borne by federal tax revenues.

Long-term:

  • This contributes to the ongoing debate about the proper role of the military in domestic affairs and could set a precedent for future administrations.
  • A sustained military presence could alter the character of border communities and impact cross-border commerce and relationships.

Who's Most Affected:

Primary Groups: U.S. Coast Guard Ready Reserve members and their families. Migrants and asylum seekers attempting to enter the U.S. by sea.
Secondary Groups: Taxpayers funding the deployment. Businesses and residents in southern border regions, particularly along the coast.
Regional Impact: The most significant impact will be felt in states along the southern U.S. border with maritime access, such as Texas, California, and Florida, as well as in the Caribbean.

Bottom Line: The government is mobilizing military reservists with maritime expertise for border security, which directly upends the lives of those called to serve and costs taxpayer money, in exchange for what supporters see as a more secure nation.


Where the Parties Stand

Republican Position: "Border Security is National Security"

Core Stance: Republicans are generally supportive of using military resources to secure the border, viewing illegal immigration as a critical threat.

Their Arguments:

  • ✓ The military has a vital role to play in stopping what they term an "invasion" of criminals and illicit drugs.
  • ✓ Strong border enforcement is necessary to protect national sovereignty and the safety of American communities.
  • ⚠️ Some conservatives have expressed concern about the image and legality of using the military for domestic law enforcement, even while supporting the overall goal of deportation.
  • ✗ They oppose "open border" policies and criticize the federal government for not being aggressive enough in enforcement.

Legislative Strategy: To support and fund the President's executive actions on border security, including the construction of a border wall and increased personnel deployments.

Democratic Position: "Stop Militarizing the Border"

Core Stance: Democrats generally oppose the use of active-duty military for immigration enforcement, calling it a "militarization" of a civil issue and a political stunt.

Their Arguments:

  • ✓ They support comprehensive immigration reform that includes pathways to citizenship and addressing root causes of migration.
  • ⚠️ While some Democrats acknowledge the need for border security, they argue it should be handled by civilian agencies and be part of a broader, more humane immigration policy.
  • ✗ They actively oppose border wall construction and what they see as a misuse of presidential emergency powers to bypass Congress.

Legislative Strategy: To challenge the legal basis of the emergency declaration, oppose funding for what they deem "militarization," and push for legislative solutions focused on processing asylum claims and legal immigration pathways.


Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The President is not acting on inherent constitutional authority but on powers delegated by Congress through statutes.

  1. The National Emergencies Act (1976): This law allows the President to declare a national emergency, which in turn unlocks specific powers granted in other federal laws.
  2. 10 U.S.C. § 12302: This is the specific law invoked by the proclamation. It explicitly allows the President, after declaring a national emergency, to call up the Ready Reserve.

Relevant Portion of the Statute (10 U.S.C. § 12302(a)): "In time of national emergency declared by the President...an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit...in the Ready Reserve...to active duty for not more than 24 consecutive months."

Constitutional Implications:

Separation of Powers: The core legal debate is whether the situation at the border legally constitutes a "national emergency" that Congress intended when passing the Act. Critics argue the President is using the law to bypass Congress's "power of the purse" and legislate on his own. Supporters argue the President is acting within the letter of the law that Congress wrote.
Precedent: While courts typically grant the executive branch broad deference on national security matters, they have also placed limits. In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court ruled a president could not seize private property to avert a strike during wartime without statutory authority. Here, the President is acting with statutory authority, but the question is whether the underlying facts fit the statute.
Posse Comitatus Act: This act generally prohibits using the U.S. military for domestic law enforcement. However, military personnel at the border are typically assigned to support roles (e.g., surveillance, transportation, construction) to avoid violating the act. Democrats have expressed concern that troops could be forced into law enforcement roles.

Potential Legal Challenges:

Legal challenges are highly likely from civil liberties groups like the ACLU and immigrant rights organizations. Lawsuits would likely argue:

  • The border situation does not meet the legal definition of an "emergency" required by the National Emergencies Act.
  • The action is an unconstitutional overreach of executive power that usurps the legislative authority of Congress.

Your Action Options

TO SUPPORT THIS ACTION

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 use of emergency powers and the deployment of the Coast Guard to secure our southern border."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the Senate and House Committees on Armed Services and Homeland Security to express your support.
  • Join an Organization: Groups that advocate for stronger immigration enforcement include the Federation for American Immigration Reform (FAIR) and NumbersUSA.

TO OPPOSE THIS ACTION

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 this national emergency declaration and the militarization of our border."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that this is a misuse of executive power and military resources.
  • Join an Organization: Advocacy groups that oppose this type of action include the American Civil Liberties Union (ACLU), the American Immigration Lawyers Association (AILA), United We Dream, and the Southern Border Communities Coalition.