President Donald Trump has formally declared an invasion at the southern border of the United States. He issued a declaration to suspend physical entry and take immediate measures to secure the nation’s sovereignty.
The declaration, signed on January 20, 2025, underscores what Trump has described as a failure of the federal government to protect states from the impacts of illegal border crossings.
This bold step marks the first time in modern history that a U.S. president has invoked the term “invasion” to describe the situation at the border. It builds upon the groundwork laid by 55 Texas counties that previously issued similar declarations, and it echoes legal opinions justifying state self-defense under Article 1, Section 10, Clause 3 of the U.S. Constitution.
Trump’s proclamation, titled Guaranteeing the States Protection Against Invasion, directly challenges the Biden administration’s approach to border security, citing failures to enforce federal immigration law.
The document references Article IV, Section 4 of the Constitution, which guarantees federal protection against invasion, and asserts that millions of unauthorized entrants have created an emergency situation demanding federal action.
The proclamation asserts that unchecked border crossings have overwhelmed border states and pose threats to public health, safety, and national security. It highlights a lack of adherence to screening protocols required by the Immigration and Nationality Act (INA), such as health evaluations and background checks.
These failures, the document claims, have allowed unvetted individuals to enter U.S. communities, increasing risks across the country.
Trump’s declaration authorizes the use of presidential powers under Article II of the Constitution to suspend the entry of individuals engaged in what he describes as an invasion.
He has directed federal agencies, including the Department of Homeland Security, the Department of State, and the Department of Justice, to take immediate actions to repel, repatriate, or remove individuals crossing the southern border unlawfully.
The president’s directive also aims to suspend provisions of the INA that might otherwise permit such individuals to remain in the U.S.
This approach, according to the proclamation, is essential to restoring order and fulfilling the federal government’s constitutional obligation to protect the states.
South Dakota Governor Kristi Noem, Trump’s nominee to lead the Department of Homeland Security, has also been a vocal supporter of declaring an invasion, having done so herself before a state legislature.
Republican governors, including Texas Governor Greg Abbott and Florida Governor Ron DeSantis, have long criticized the federal government for its handling of border security. They argue that states have a constitutional right to defend themselves when the federal government fails to fulfill its duties under the Constitution’s Guarantee Clause.
The proclamation concludes with a stark acknowledgment of the current border crisis, stating that the physical entry of individuals engaged in the ongoing invasion is “detrimental to the interests of the United States.”
Trump has made clear that the suspension of entry will remain in effect until the situation is resolved and the border is secure.