Subject: The Funds Available to Address the National Emergency at Our Border

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46 minutes ago

The White House

Office of the Press Secretary

FOR IMMEDIATE RELEASE

February 26, 2019

** THE FUNDS AVAILABLE TO ADDRESS THE NATIONAL EMERGENCY AT OUR BORDER

“The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.” – President Donald J. Trump

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** LEGAL JUSTIFICATION: President Donald J. Trump is clearly justified in declaring a national emergency and utilizing other statutory authorities to address the crisis at our border.

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• In declaring a national emergency, a President may invoke any of more than 100 available statutory authorities. President Trump’s declaration invoked two:

• 10 U.S.C. § 12302 authorizes Department of Defense (DOD) officials to order the Ready Reserve to active duty to address a national emergency.

• 10 U.S.C. § 2808 authorizes the Secretary of Defense to direct military construction necessary to support the use of the Armed Forces in connection with a “national emergency… that requires use of the armed forces.”

• The President reasonably determined that the national emergency at the southern border “require[d] use of the armed forces.”

• An emergency that “requires use of the armed forces” means the President has determined that the armed forces are necessary to address the crisis.

• More than 5,000 troops are deployed at the border.

• DOD is now reviewing which emergency military construction projects, such as the building of barriers, may be “necessary to support” the use of the Armed Forces.

• DOD is still in the process of making such determinations, so no funds have yet been authorized for use.

• Separate from the national emergency, the President invoked two other statutory authorities to direct needed funds to the border.

• Congress expressly authorized the military to support Federal agencies in blocking drug-smuggling corridors across international boundaries, using 10 U.S.C. § 284(b).

• Under 10 U.S.C. § 284(b)(7), the United States military may construct “fences and road and [install] lighting … to block drug smuggling corridors across international boundaries of the United States” upon request from the responsible agency.

o DHS has requested that DOD use this counterdrug authority to construct fencing and roads and to install lighting in high-priority drug-smuggling corridors.

o To devote additional resources to such construction, DOD will augment existing counterdrug funds by transferring up to $2.5 billion from other DOD accounts.

o DOD’s transfer authority is provided in section 8005 of the FY19 DOD appropriations act.

o In past years, DOD has relied upon its general transfer authority to reallocate up to $4 billion from within the DOD budget.

• Under 31 U.S.C. § 9705(g)(4)(B), the Secretary of the Treasury may provide money from the Treasury Forfeiture Fund to other agencies for use “in connection with the law enforcement activities of any Federal agency.”

o Treasury has identified about $601 million that will be made available to DHS for use in law enforcement border security efforts.