Progress on the Situation at Our Southern Border
Signed February 3, 2025·Donald Trump·90 FR 9185
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Pauses, until March 4, 2025, the additional 25 percent tariff on Mexican goods that had been imposed by the February 1, 2025 executive order on border security, citing steps taken by the Mexican government to address illegal migration and drug trafficking. Amends that earlier order by changing its effective date from February 4 to March 4, 2025, and withdraws the exceptions it had allowed for goods already loaded onto a vessel or in transit to the United States. Directs the Secretary of Homeland Security, working with the Secretary of State, the Attorney General, and the President's national security and homeland security advisers, to continue assessing conditions at the southern border during the pause. States that if migration or drug trafficking worsens and Mexico fails to take sufficient action, the President will take further steps, including immediately implementing the paused tariffs.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 14194, February 1, 2025; EO 14227, March 2, 2025; EO 14257, April 2, 2025; EO 14289, April 29, 2025
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 14198 of February 3, 2025
Progress on the Situation at Our Southern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.),
section 604 of the Trade Act of 1974, as amended (19
U.S.C. 2483), and section 301 of title 3, United States
Code, it is hereby ordered:
Section 1. Background. On February 1, 2025, I
determined that the failure of Mexico to arrest, seize,
detain, or otherwise intercept Mexican drug trafficking
organizations, other drug and human traffickers,
criminals at large, and illicit drugs constitutes an
unusual and extraordinary threat, which has its source
in substantial part outside the United States, to the
national security, foreign policy, and economy of the
United States. To address that threat, I invoked my
authority under section 1702(a)(1)(B) of IEEPA to
impose ad valorem tariffs on articles that are products
of Mexico.
Sec. 2. Immediate Steps. Pursuant to section 3 of my
Executive Order of February 1, 2025, titled “Imposing
Duties to Address the Situation at Our Southern
Border” (“the Executive Order of February 1, 2025”),
I have determined that the Government of Mexico has
taken immediate steps designed to alleviate the illegal
migration and illicit drug crisis through cooperative
actions. Further time is needed, however, to assess
whether these steps constitute sufficient action to
alleviate the crisis and resolve the unusual and
extraordinary threat beyond our southern border.
Sec. 3. Pause. (a) In recognition of the steps taken by
the Government of Mexico, and in order to assess
whether the threat described in section 1 of this order
has abated, the additional 25 percent ad valorem rate
of duty shall be paused and will not take effect until
March 4, 2025, at 12:01 a.m. eastern time. Accordingly,
sections 2(a), section 2(d), and section 2(e) of the
Executive Order of February 1, 2025, are amended by
striking the term “February 4, 2025,” where it
appears in those sections and inserting in lieu thereof
the term “March, 4, 2025.” The exceptions set forth
in section 2(a) of the Executive Order of February 1,
2025, related to covered goods loaded onto a vessel at
a port of entry or in transit on the final mode of
transport prior to entry into the United States are,
hereby, withdrawn.
(b) During this pause, the Secretary of Homeland
Security, in consultation with the Secretary of State,
the Attorney General, the Assistant to the President
for National Security Affairs, and the Assistant to the
President for Homeland Security, shall continue to
assess the situation at our southern border, as
provided in section 3 of the Executive Order of
February 1, 2025.
(c) If the illegal migration and illicit drug
crises worsen, and if the Government of Mexico fails to
take sufficient steps to alleviate these crises, the
President shall take necessary steps to address the
situation, including by immediate implementation of the
tariffs described in the Executive Order of February 1,
2025.
Sec. 4. Severability. If any provision of this order,
or the application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any
other persons or circumstances shall not be affected
thereby.
Sec. 5. General Provisions. (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.
(Presidential Sig.)
THE WHITE HOUSE,
February 3, 2025.Reproduced from the Federal Register plain-text record, signed February 3, 2025. Typesetting artifacts are removed; no wording is changed.