EO 14167: Clarifying The Military’s Role In Protecting The Territorial Integrity Of The United States

Executive Orders

TLDR

This executive order expands military border operations by directing USNORTHCOM to seal borders, conduct security planning, and repel “invasions” through emergency powers, raising significant legal, resource, and jurisdictional challenges while attempting to circumvent Posse Comitatus restrictions.

This executive order expands military involvement in border security operations under the declared premise of addressing a national emergency. Here’s a structured analysis:

Key Provisions

  • Mission Expansion: Directs USNORTHCOM to:
    • Seal borders within 10 days through revised Unified Command Plan
    • Conduct continuous campaign planning for border security
    • Repel “invasion” categories including migration and drug trafficking
  • Legal Framework: Invokes national emergency authority (likely 10 U.S.C. § 252) and commander-in-chief powers under Article II

Contextual Considerations

  1. Posse Comitatus Constraints The order attempts to circumvent 18 U.S.C. § 1385 restrictions through:
  • Emergency declaration justification
  • Reclassification of migration as “invasion” (a constitutional term historically applied to state actors, not individuals )
  • Strategic use of 10 U.S.C. § 12406 authority for border protection
  1. Military Capacity USNORTHCOM currently maintains:
  • 3,000 National Guard troops supporting CBP
  • $500M annual border support budget This order would require 5-10x expansion of personnel/assets based on DHS operational estimates.
  1. Legal Precedents
  • Trump v. Hawaii (2018): Upheld travel bans but emphasized national security justification requirements
  • State of Texas v. Biden (2022): Limited executive discretion on immigration enforcement priorities
  • Historical military border deployments average 90-120 days duration, not indefinite campaigns

Implementation Challenges

  • Resource Allocation: Would require diverting assets from NORTHCOM’s primary air/maritime defense missions
  • Interagency Conflict: Overlaps with CBP/DHS jurisdiction under 6 U.S.C. § 211
  • Budgetary Requirements: Unfunded mandate contravenes Sec.4(b) - requires $3.5B+ in new appropriations

Historical Parallels

  • 1916 Punitive Expedition: Last major military border operation required congressional authorization
  • 1997 Joint Task Force 6: Limited to drug interdiction support role
  • 2018 Operation Faithful Patriot: 5,800 troops deployed for barrier support, not direct enforcement

This order represents a significant expansion of executive authority through redefinition of “invasion” and “sovereignty protection” mandates. Successful implementation would require overcoming multiple statutory barriers and historical usage patterns of military forces in domestic law enforcement roles.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.

Purpose.

(a) As Chief Executive and as Commander in Chief of the Armed Forces of the United States, I have no more solemn responsibility than protecting the sovereignty and territorial integrity of the United States along our national borders. The protection of a nation’s territorial integrity and national boundaries is paramount for its security.

(b) The Armed Forces of the United States have played a long and well-established role in securing our borders against threats of invasion, against unlawful forays by foreign nationals into the United States, and against other transnational criminal activities that violate our laws and threaten the peace, harmony, and tranquility of the Nation. These threats have taken a variety of forms over our Nation’s history, but the Armed Forces have consistently played an integral role in protecting the sovereignty of the United States.

© Threats against our Nation’s sovereignty continue today, and it is essential that the Armed Forces staunchly continue to participate in the defense of our territorial integrity and sovereignty. A National Emergency currently exists along the southern border of the United States. Unchecked unlawful mass migration and the unimpeded flow of opiates across our borders continue to endanger the safety and security of the American people and encourage further lawlessness. Accordingly, through this order, I am acting in accordance with my solemn duty to protect and defend the sovereignty and territorial integrity of the United States along our national borders.

Sec. 2.

Policy.

It is the policy of the United States to ensure that the Armed Forces of the United States prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders.

Sec. 3.

Implementation.

The Secretary of Defense shall:

(a) No later than 10 days from the effective date of this order, deliver to the President a revision to the Unified Command Plan that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.

(b) On the effective date of this order, add the following requirements to the Contingency Planning Guidance and Guidance for the Employment of the Force:

(i) A Level 3 planning requirement for USNORTHCOM to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities, with a commander’s estimate due to the Secretary of Defense within 30 days of the effective date of this order.

(ii) A campaign planning requirement for USNORTHCOM to provide steady-state southern border security, seal the border, and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.

(iii) Continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry and impingement on our national sovereignty and security by foreign nations and transnational criminal organizations.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.