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Original Date Announced
January 20, 2025President Trump issues Proclamation 10888 declaring that the "current situation at the southern border qualifies as an invasion under Article IV, Section 4 of the Constitution of the United States. In this proclamation, President Trump:
- suspends entry pursuant to INA §§ 212(f) and 215(a) of all "aliens engaged in the invasion across the southern border" on or after this date;
- imposes restrictions on all noncitizens described above invoking INA provisions permitting their continued presence, including but not limited to applying for asylum (INA § 208) until the president finds the invasion has ceased;
- suspends entry pursuant to INA §§ 212(f) and 215(a) of "any alien who fails, before entering the United States, to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3)";
- imposes restrictions on all such noncitizens invoking INA provisions that would permit their continued presence, including but not limited to applying for asylum;
- invokes constitutional authority under the foreign affairs power of Article II and to effectuate a guarantee of protection against invasion (Article IV, Section 4), to suspend physical entry of any noncitizen engaged in invasion across the southern border and directs DHS with DOJ and DOS to take appropriate action to achieve this proclamation's objectives until the president finds the invasion has ceased; and
- directs DHS with DOS and DOJ to take actions to repel, repatriate, or remove any noncitizen engaged in the invasion on or after this date, whether as an exercise of the suspension power in INA §§ 212(f) and 215(a) or as an exercise of delegated constitutional authority until the president finds that the invasion has ceased.
Trump 2.0 [ID # 1386]
2025.01.20 Guaranteeing the States Protection Against InvasionEffective Date
January 20, 2025Subsequent Trump and Court Action(s)
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January 22, 2025
2025.01.22 White House Fact Sheet on "Guaranteeing the States Protection Against Invasion"
The White House released a Fact Sheet on Proclamation 10888, "Guaranteeing the States Protection Against Invasion." The Proclamation authorizes DHS, DOS, and DOJ to "take all necessary action to immediately repel, repatriate, and removal illegal aliens across the southern border" and "restricted access to the provisions of immigration laws that would enable any illegal alien involved in an invasion across the southern border of the United States to remain in the United States, such as asylum."
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February 3, 2025
2025.02.03 RAICES v. Noem, No. 1:25-cv-00306 (D.D.C., filed Feb. 3, 2025) - Complaint
The ACLU and other organizations, on behalf of RAICES and other immigration legal service providers, sued Trump administration officials. The suit challenges Proclamation 10888, Guaranteeing the States Protection Against Invasion, alleging that it unlawfully denies asylum and other humanitarian protections "expressly granted by Congress." Refugee and Immigrant Center for Education and Legal Services v. Kristi Noem, No. 1:25-cv-00306 (D.D.C., filed Feb. 3, 2025).
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
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Current Status
NoneOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Presidential OrdersSubject Matter: Humanitarian BorderAssociated or Derivative Policies
- November 9, 2018 DOJ and DHS issue interim final rule restricting access to asylum for individuals who enter outside recognized POEs
- January 20, 2025 EO 14161: "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats"
- January 20, 2025 EO 14161 §§ 2(b) and 2(c) direct agencies to identify countries from which to suspend admissions and prioritize the removal of individuals from those countries
Documents
Trump-Era Policy Documents
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Commentary
2025.01.20 Overview of "Guaranteeing the States Protection Against Invasion" - Economic Policy Institute
Proclamation 10888 "declares an invasion is occurring at the U.S. southern border, and orders the suspension of asylum processing at the southern border until the president had determined that the invasion has ceased."
Go to article2025.02.10 Recent White House Actions on Immigration - Congressional Research Service
The Congressional Research Service analyzed the legal bases for "Guaranteeing the States Protection Against Invasion," including the President's authority under Article IV, Section 4, of the Constitution and 8 USC § 1182(f). See pages 1-2 of the document.
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