FACT SHEET: President Donald J. Trump Protects the States and the American People by Closing the Border to Illegals via Proclamation

Fact Sheets

TLDR

This memorandum misinterprets Article IV to frame migration as an “invasion,” makes unsupported claims about economic and safety impacts, and proposes measures that would violate U.S. constitutional, statutory, and international law, while oversimplifying complex immigration issues.

This is a “fact sheet” about the “GUARANTEEING THE STATES PROTECTION AGAINST INVASION” memorandum.

The document misinterprets Article IV, Section 4 of the Constitution. The “invasion” clause was historically intended to protect states from foreign military forces or hostile armed groups, not civilian migration. The Supreme Court has never interpreted this clause to apply to immigration.

The claim about “billions of dollars of costs” is misleading. Multiple studies show that undocumented immigrants contribute significantly to the economy through taxes and labor, often paying more into systems than they receive in benefits.

The statement misrepresents presidential authority under both:

  • The Immigration and Nationality Act (INA)
  • Article II of the Constitution

The President cannot unilaterally suspend all asylum claims, as this would violate both U.S. law and international treaty obligations.

The quoted 2018 statement contains several unsupported claims:

  • The assertion about taking resources “from the poorest Americans” lacks empirical evidence
  • The claim about undermining public safety is contradicted by research showing that immigration is not linked to increased crime rates

The directive to “immediately repel, repatriate, and remove” conflicts with:

  • Due process requirements under U.S. law
  • International refugee protection obligations
  • Established immigration court procedures
  • Constitutional protections that apply to all persons within U.S. jurisdiction, regardless of immigration status

The document presents an oversimplified and legally problematic approach to complex immigration issues, misrepresenting both constitutional authority and practical realities of border management.

GUARANTEEING THE STATES PROTECTION AGAINST INVASION: Today, President Trump signed an Executive Order that suspends the physical entry of aliens engaged in an invasion of the United States through the southern border.

  • In joining the Union, the States agreed to surrender much of their sovereignty in exchange for the federal government’s promise in Article IV, Section 4 of the U.S. Constitution, to “protect each of [the States] against Invasion.”
  • States, such as the Great State of Texas, have asked the Federal Government for protection against invasion during the Biden Administration, but it failed to protect them from millions of illegal aliens entering the United States, invading their communities, and imposing billions of dollars of costs upon State and local governments.
  • The President has the authority under the Immigration and Nationality Act, as well as inherent authority under Article II of the Constitution, to prevent the physical entry of illegal aliens into the United States across the southern border.

DIRECTION TO IMMEDIATELY REPEL, REPATRIATE, AND REMOVE ILLEGAL ALIENS INVOLVED IN AN INVASION:

  • Through the exercise of his authority under the Immigration and Nationality Act and the Constitution of the United States, President Trump is authorizing and directing the Department of Homeland Security, the Department of Justice, and the Department of State to take all necessary action to immediately repel, repatriate, and remove illegal aliens across the southern border of the United States.
  • Through the exercise of his authority, President Trump has further restricted access to the provisions of the 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.

PROMISES KEPT: In 2024, President Trump promised to “seal the border on Day 1.”

  • As President Trump described in 2018: “Illegal immigration affects the lives of all Americans. Illegal immigration hurts American workers; burdens American taxpayers; and undermines public safety; and places enormous strain on local schools, hospitals, and communities in general, taking precious resources away from the poorest Americans who need them most. Illegal immigration costs our country billions and billions of dollars each year…And I will therefore take every lawful action at my disposal to address this crisis. And that’s what we’re doing.”