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2.0

EO 14193: "Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border"

  1. Original Date Announced

    February 1, 2025

    President Trump signs an executive order (EO) expanding the scope of the national emergency at the southern border originally declared on January 20, 2025 (see Proc. 10886: "Declaring a National Emergency at the Southern Border of the United States) to encompass the U.S.-Canada border. The order invokes the National Emergencies Act (NEA) and International Emergency Economic Powers Act (IEEPA) to impose "ad valorem tariffs" on certain Canadian products imported to the United States. The order also directs DOS, DOJ, DHS, and NSA to "regularly consult . . . on the situation at our northern border" and report to the President on actions Canada takes to "alleviate the illegal migration and illicit drug crises."

    Trump 2.0 [ID #1517]

    2025.02.01 EO 14193 - Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border
  2. Effective Date

    February 1, 2025
  3. Subsequent Trump and Court Action

    February 3, 2025

    2025.02.03 EO 14197 - Progress on the Situation at Our Northern Border

    President Trump issued an executive order pausing the implementation of tariffs on Canada until at least March 4, 2025, due to Canada having taken "immediate steps designed to alleviate the illegal migration and illicit drug crisis" at the U.S.-Canada border.

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  4. Subsequent Trump and Court Action

    March 2, 2025

    2025.03.02 EO 14226 - Amendment to Duties To Address the Flow of Illicit Drugs Across Our Northern Border

    President Trump issued EO 14226, which amends Section 2(g) of EO 14193. This change makes it so that instead of disallowing duty-free de minimis treatment for all the eligible covered articles in subsection (a), de minimis treatment will cease "upon notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expeditiously process and collect tariff revenue applicable pursuant to subsection (a)[.]"

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  5. Subsequent Trump and Court Action

    March 3, 2025

    2025.03.06 CBP - Notice of Implementation of Additional Duties on Products of Canada Pursuant to EO 14193

    CBP published a notice stating that the duties and tariffs on imports from Canada called for in EO 14193 take effect starting March 4, 2025.

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  6. Subsequent Trump and Court Action

    March 6, 2025

    2025.03.06 DOJ - U.S. Attorneys' Offices Staffing Priorities

    Deputy Attorney General Todd Blanche issues a memorandum on “U.S. Attorneys' Offices Staffing Priorities,” setting forth guidance to ensure U.S. Attorneys’ Offices are appropriately staffed to address the administration’s immigration and crime priorities. The memo identifies Border Districts authorized to hire Assistant U.S. Attorneys despite the federal hiring freeze, including all Districts in AZ, NM, TX, and FL as well as the Southern District of CA, Western and Northern Districts of NY, and the District of VT. The memo states this policy reflects the “escalating” “threat of illegal immigration and associated crime at our northern border” identified by President Trump in EO 14193.

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  7. Subsequent Trump and Court Action

    March 6, 2025

    2025.03.06 EO 14231 - Amendment to Duties To Address the Flow of Illicit Drugs Across Our Northern Border

    President Trump issued EO 14231, adjusting the tariffs imposed under EO 14193. The amendment states that goods entering the U.S. from Canada "shall not be subject to the additional ad valorem rate of duty described in section 2(a) or section 2(b) of Executive Order 14193" as long as they comply with the Harmonized Tariff Schedule of the United States (HTSUS) "as related to the Agreement between the United States of America, United Mexican States, and Canada [USMCA]." These modifications shall be effective with respect to goods entered for consumption "on or after 12:01 a.m. eastern standard time on March 7, 2025."

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  8. Subsequent Trump and Court Action

    March 8, 2025

    2025.03.08 CBP - Statement on Tariffs

    CBP released a statement explaining how the executive orders instating tariff updates for imports from China, Hong Kong, Canada, and Mexico will be implemented under the International Emergency Economic Powers Act: 

    • Additional 25% tariffs on goods that do not satisfy U.S.-Mexico-Canada Agreement (USMCA) rules of origin. 
    • A lower, additional 10% tariff on energy products imported from Canada that fall outside the USMCA preference. 
    • A lower, additional 10% tariff on potash imported from Canada and Mexico that falls outside the USMCA preference. 
    • Additional 20% on goods from China and Hong Kong (increased from 10% on March 4). 
    • Effective March 7, 2025, no additional tariffs are due on goods from Canada and Mexico that qualify for the USMCA preference. 
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  9. Subsequent Trump and Court Action

    March 11, 2025

    2025.03.11 CBP - Amendment to Notice of Implementation of Additional Duties on Products of Canada Pursuant to EO 14193

    CBP issued an amendment to the notice of implementation to modify the Harmonized Tariff Schedule of the United States. The duties and tariffs on imports from Canada called for in EO 14193, and as amended by subsequent executive orders, are set out in the Annex to the notice and are effective starting March 7, 2025.

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  10. Subsequent Trump and Court Action

    April 4, 2025

    2025.04.04 Complaint - Webber v. DHS

    Two citizens of the Blackfeet Nation filed a lawsuit to challenge the tariffs imposed on Canada. The lawsuit alleges that the tariffs violate the Constitution as well as the Jay Treaty of 1794 which recognized the rights of Native people to cross the U.S.-Canada border without paying duties or tariffs. Webber v. DHS, No. 4:25-cv-00026 (D. Mont.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  11. Subsequent Trump and Court Action

    September 4, 2025

    2025.09.04 DOJ - DOJ Announces Significant Enforcement and Expansion Efforts to Dismantle Transnational Human Smuggling and Trafficking Networks

    DOJ announced recent enforcement actions by Joint Task Force Alpha (JTFA) to combat human smuggling and trafficking networks, as well as JTFA's expansion to districts along the northern and maritime borders to address cross-border organized crime. The announcement highlighted several JTFA-inspired indictments in federal district court and JTFA's new partnerships with the FBI, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. "U.S. Attorneys’ Offices will now consult with JTFA on all significant human smuggling and trafficking matters to ensure all available Department resources are utilized for the highest priority cases."

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  12. Subsequent Trump and Court Action

    January 12, 2026

    2026.01.12 President Trump - Continuation of the National Emergencies With Respect to the Southern Border of the United States and Cartels and Other Transnational Organizations

    President Trump continued the 2025 national emergency declared in EO 14193 for an additional year beyond its anniversary date of February 1, stating that the “circumstances related to these emergencies continue to pose unusual and extraordinary threats to the national security, foreign policy, or economy of the United States.”

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  13. Subsequent Trump and Court Action

    February 20, 2026

    2026.02.20 Opinion - Learning Resources v. Trump

    The Supreme Court ruled 6-3 that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs. Learning Resources Inc. v. Trump, No. 24-1287 (U.S.).

    **Link to case here. See litigation note above**

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  14. Subsequent Trump and Court Action

    March 5, 2026

    2026.03.05 Order - Atmus Filtration v. United States

    The U.S. Court of International Trade issued an order directing CBP to liquidate (meaning process) any unliquidated entries (imported shipment paperwork) subject to IEEPA duties without regard to IEEPA tariffs. For liquidated entries that are not yet final, the court ordered CBP to reliquidate those entries without IEEPA tariffs. Atmus Filtration v. United States, No. 1:26-cv-01259 (Ct. Intl. Trade).

    **Link to case here. See litigation note above**

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  15. Subsequent Trump and Court Action

    May 27, 2026

    2026.05.27 Order - V.O.S. Selections v. United States

    The U.S. Court of International Trade ordered CBP Commissioner Rodney Scott to appear in court to testify about the anticipated timing of CBP's compliance with the court's April 17, 2026 order to remove or refund certain tariffs imposed under the IEEPA. The order to refund certain tariffs is Docket No. 82, available here. V.O.S. Selections, Inc. v. United States, No. 1:25-cv-00066 (Ct. Intl. Trade).

    **Link to case here. See litigation note above**

    View Document

Current Status

None

Original Trump Policy Status

Trump Administration Action: Presidential Orders
Subject Matter: Border
Agencies Affected: DHS DOS AG Other

Commentary

  • Honigman: USMCA-Compliant Products Get Temporary 25% Tariff Relief Starting March 7

    Honigman released a business alert explaining how the tariff exemption announced on March 6th will apply to products of Canada and Mexico that comply with the United States-Mexico-Canada Agreement (the “USMCA”).

    Go to article
  • 2026.05.27 New York Times - Court Orders Customs Chief to Address Compliance on Refunding Tariffs

    The New York Times reports on the Court of International Trade's May 27, 2026 order. A trade lawyer interviewed said that it was "extraordinary" for the court to order an agency head to testify, and that the order suggests it has "grown frustrated" with the administration's delay in refunding tariffs unlawfully imposed under IEEPA.

    Go to article

Documents

Trump-Era Policy Documents

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