Executive Order: Progress on the Situation at Our Northern Border (Donald Trump, 2025)

From Ballotpedia
Jump to: navigation, search
Donald Trump's executive orders
(second term)
Recent executive orders:
Ensuring Citizenship Verification and Integrity in Federal Elections
•
Addressing DEI Discrimination by Federal Contractors
•
Further Continuance of the Federal Emergency Management Agency Review Council
Previous executive orders:
Executive orders by category:
First day • First 100 days • Revokes previous order • The administrative state • Education • Energy and the environment • Foreign policy • Health • Immigration • Policing and criminal justice • Technology • Trade and tariffs
Additional reading:
Donald Trump's Cabinet • Confirmation process for Cabinet nominees • Confirmation votes by senator • Key legislation • Ambassadors • Special envoys • Multistate lawsuits

Executive Order: Progress on the Situation at Our Northern Border is an executive order that President Donald Trump (R) issued on February 3, 2025, during his second term in office.[1]

Executive orders are directives the president writes to officials within the executive branch requiring them to take or stop some action related to policy or management. They are numbered, published in the Federal Register, cite the authority by which the president is making the order, and the Office of Management and Budget issues budgetary impact analyses for each order.[2][3] Click here to read more about executive orders issued during Trump's second term.

Text of the order

The section below displays the text of the order. Click here to view the order as published on the White House website.

“

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 Canada to arrest, seize, detain, or otherwise intercept 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 Canada.

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 Northern Border” (“the Executive Order of February 1, 2025”), I have determined that the Government of Canada 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 northern border.

Sec. 3. Pause. (a) In recognition of the steps taken by the Government of Canada, and in order to assess whether the threat described in section 1 of this order has abated, the additional 25 percent ad valorem rates of duty, and 10 percent ad valorem rates of duty as to energy products, shall be paused and will not take effect until March 4, 2025, at 12:01 a.m. eastern time. Accordingly, section 2(a), section 2(b), section 2(e), and section 2(f) 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) and section 2(b) 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 northern 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 Canada 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.[1][4]

”

Judicial responses

Supreme Court rules against some tariffs (February 20, 2026)

On February 20, 2026, the Supreme Court issued a decision in the case Learning Resources, Inc. v. Trump, ruling that the International Emergency Economic Powers Act, which Trump had used to impose tariffs, did not give him the power to do so.[5] In writing the opinion of the Court, Chief Justice John Roberts wrote," IEEPA contains no reference to tariffs or duties. The Government points to no statute in which Congress used the word 'regulate' to authorize taxation. And until now, no President has read IEEPA to confer such power."[6] In his dissent, Justice Brett Kavanaugh wrote, "To summarize: Algonquin in 1976 unanimously held the opposite... There is a long tradition of Presidents imposing tariffs as a means of regulating importation and commerce... All of that and much more, in my view, overwhelmingly establish that IEEPA clearly authorizes the President to impose tariffs."[7]

The court ruled 6-3, with, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor joining Roberts in the majority opinion. In addition to Kavanaugh, Samuel Alito and Clarence Thomas dissented.[5]

Executive orders in the second term of the Trump administration

March 2026

February 2026


January 2026

December 2025

November 2025

October 2025

September 2025

August 2025

July 2025

June 2025

May 2025

April 2025

March 2025

February 2025

January 2025


Historical context

See also: Donald Trump's executive orders and actions, 2025-2026

Overview, 1789-present

The following chart shows the number of executive orders and average executive orders per year issued by each president of the United States from 1789 to present.

Average number of executive orders issued each year by president, 1921-present

The following chart visualizes the average number of executive orders issued each year between 1921 and present, as noted in the table in the section above. The number of executive orders issued declined during this time period with Presidents Barack Obama (D) and George W. Bush issuing the fewest on average at 35 and 36 each year, respectively.

Executive orders issued over time, 2001-present

The chart below displays the number of executive orders issued over time by Biden, Trump, Obama, and Bush.

First day, month, and year executive order totals, 2001-2025

The chart below displays the number of executive orders that Biden, Trump, Obama, and Bush issued on their first day in office, first month in office, and first year in office following a presidential transition.


See also

Footnotes

  1. ↑ 1.0 1.1 White House, "Progress on the Situation at Our Northern Border," February 3, 2025
  2. ↑ Cooper, Phillip. (2014). By Order of the President: The Use and Abuse of Executive Direct Action. Lawrence, KS: University Press of Kansas. (pgs. 21-22)
  3. ↑ USA Today, "Presidential memoranda vs. executive orders. What's the difference?" January 24, 2017
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 Cite error: Invalid <ref> tag; no text was provided for refs named BBC
  6. ↑ Supreme Court, "LEARNING RESOURCES, INC., ET AL. v. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL.," February 20, 2026
  7. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named SCCOTUS220
v • e
Trump Administration (second term)
Overviews
Cabinet
Members not requiring Senate confirmation

Members nominated by the Senate



Retrieved from "https://ballotpedia.org/wiki/index.php?title=Executive_Order:_Progress_on_the_Situation_at_Our_Northern_Border_(Donald_Trump,_2025)&oldid=11063611"