Skip to main content

Immigration Policy Tracking Project

Open main menu

2.0

POTUS Proclamation 10888: "Guaranteeing the States Protection Against Invasion"

  1. Original Date Announced

    January 20, 2025

    President 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:

    1. 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;
    2. 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;
    3. 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)";
    4. imposes restrictions on all such noncitizens invoking INA provisions that would permit their continued presence, including but not limited to applying for asylum;
    5. 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
    6. 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.

    In describing an "ongoing influx of illegal aliens across the southern border of the United States [that] has placed significant costs and constraints upon the States," President Trump also laid a predicate for a "mass influx" determination under INA § 103(a)(10).

    Trump 2.0 [ID # 1386]

    2025.01.20 Guaranteeing the States Protection Against Invasion

  2. Effective Date

    January 20, 2025

  3. Subsequent Trump and Court Action(s)

    • 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."

      View Document
    • 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 (RAICES) v. Kristi Noem, No. 1:25-cv-00306 (D. D.C.).

      **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**

      View Document
    • March 17, 2025

      2025.03.17 Produced Guidance Documents - RAICES v. Noem

      Various Border Patrol, Office of Field Operations, and USCIS guidance documents regarding implementation of the EO described in this entry were produced in RAICES v. Noem, No. 1:25-cv-00306 (D.D.C.). in accordance with the parties' agreement. Takeaways include:

      • "Invasion" at the southern border is defined to mean people who cross between ports of entry (e.g., p. USA00001)
      • People without visas are also barred at the northern border, per Section 3 of the Proclamation (p. 9)
      • Confirms that UCs are not subject to the 212(f) proclamation and should be processed under TVPRA (e.g., pp. 1, 7, 9, 14)
      • No right to consultation/counsel in CAT assessment process (e.g., pp. 4, 12, 34)
      • No immigration judge review of negative CAT assessments (p. 46)
      • People who pass CAT assessment will be referred to EOIR for CAT-only proceedings rather than full 240 proceedings where asylum and withholding are also available (p. 16)

      **See litigation note above**

      View Document

Current Status

None

Original Trump Policy Status

Status: Final/Actual In Litigation
Trump Administration Action: Presidential Orders
Subject Matter: Humanitarian Border
Agencies Affected: DHS DOJ DOS

Associated or Derivative Policies

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 article

  • 2025.1.28 Just Security - "What Just Happened: The 'Invasion' Executive Order and its Dangerous Implications."

    George Mason University Law Professor Ilya Somin argues that Proclamation 10888 incorrectly cites the Guarantee Clause of the Constitution and the Alien Enemies Act of 1798 to authorize mass deportations. Somin elaborates that illegal immigration does not qualify as an "invasion" according to the word's original meaning in both sources of law.

    Go to article

  • 2025.02.10 Recent White House Actions on Immigration - Congressional Research Service

    The Congressional Research Service analyzed (pp. 1-2) 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).

    Go to article

  • 2025.2.19 Just Security - "Trump's Doubly-Flawed 'Invasion' Theory"

    Elizabeth Goiten and Katherine Yon Ebright (respectively, Co-Director and Counsel at the Brennan Center's Liberty and National Security Program) explain the ways invoking the Alien Enemies Act of 1798 to summarily detain and depart foreign nationals presents an "abuse of law."

    Go to article

  • CBS News, "Illegal crossings at U.S.-Mexico border down 94% from last year"

    Border Patrol Chief Mike Banks told CBS News that illegal crossings at U.S.-Mexico are down 94% from the same period last year. Between about February 13-20, 2025, CBP agents apprehended an average of 285 migrants per day along the entire southern border, compared to approximately 4,800 during the same week in 2024. Chief Banks credited Trump Administration policies including EO 10888 with causing this shift, but the article notes that there was already a downward trend in unlawful crossings over the past year.

    Go to article

Documents

Trump-Era Policy Documents

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

© 2025 Immigration Policy Tracking Project