EO 14198: Progress on the Situation At Our Southern Border

Executive Orders

TLDR

This executive order delays 25% tariffs on Mexican imports from February 4 to March 4, 2025, following Mexico’s deployment of 10,000 National Guard troops to combat drug trafficking at its northern border, though this represents a 5,000 troop reduction from 2024 commitments.

This executive order represents a significant pause in the implementation of tariffs on Mexican imports, following diplomatic negotiations and Mexico’s recent actions against drug trafficking. Here’s a detailed analysis:

Tariff Delay

  • The 25% tariff implementation on Mexican goods has been postponed from February 4 to March 4, 2025.
  • This pause comes after Mexico agreed to deploy 10,000 National Guard members to its northern border to combat drug trafficking and migration.

Background Context

  • The original executive order was issued on February 1, 2025, citing Mexico’s alleged failure to control drug trafficking organizations.
  • The order was part of a broader tariff initiative that included Canada (25%) and China (10%).

Mexican Response and Cooperation

  • Mexico has demonstrated recent efforts against drug trafficking, including:
    • Seizure of 18 kilos of fentanyl and two kilos of heroin
    • Arrest of over 10,000 people linked to criminal groups
    • Confiscation of more than 40 tons of drugs, including 20 million doses of fentanyl

Analysis

Legal Framework

  • The order relies on the International Emergency Economic Powers Act (IEEPA), which allows presidential action against “unusual and extraordinary threats”.
  • The administration maintains the right to implement tariffs immediately if the situation worsens.

Potential Impact

  • The tariffs, if implemented, would violate the 2020 free trade agreement.
  • Economic experts suggest tariffs may not be an effective solution to drug trafficking issues.

Diplomatic Implications

  • Mexico’s President Sheinbaum has emphasized collaboration over confrontation.
  • The temporary pause represents a diplomatic compromise while maintaining pressure for continued action against drug trafficking.
  • In truth, it rollbacks 5,000 troops from a previous committment in 2024.

ACTIONS

  • 2025-02-26: Trump admin planning operation to find and possibly deport unaccompanied migrant children — The Trump administration is planning a nationwide operation to locate and potentially deport unaccompanied migrant children who entered the US without parents, focusing on those without court dates or whose sponsors didn’t answer 30-day check-in calls. This initiative comes as more than 291,000 children who crossed the border since fiscal year 2019 were not given notices to appear in court.
  • 2025-02-05: Suspension of Inbound Parcels from China and Hong Kong - Newsroom - About.usps.com — The USPS announced a temporary suspension of international package acceptance from China and Hong Kong Posts effective February 4, 2025, though letters and flats would not be affected. However, as of February 5, 2025, the Postal Service updated its policy to continue accepting all international inbound mail and packages from China and Hong Kong Posts, as USPS and Customs and Border Protection work together to implement an efficient collection mechanism for new China tariffs.

By the authority vested in me as President by the Constitution and the laws of the UnitedStates of America, including the International Emergency Economic Powers Act (50U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section301 oftitle3, United States Code, it is hereby ordered:

Section 1.

Background.

On February 1, 2025, I determined that the failure of Mexico to arrest, seize, detain, or otherwise intercept Mexican drug trafficking organizations, other drug and human traffickers, criminals at large, and illicit drugs constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. To address that threat, I invoked my authority under section 1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on articles that are products of Mexico.

Sec. 2.

Immediate Steps.

Pursuant to section 3 of my Executive Order of February 1, 2025, titled “Imposing Duties to Address the Situation at Our Southern Border” (“the Executive Order of February 1, 2025”), I have determined that the Government of Mexico has taken immediate steps designed to alleviate the illegal migration and illicit drug crisis through cooperative actions. Further time is needed, however, to assess whether these steps constitute sufficient action to alleviate the crisis and resolve the unusual and extraordinary threat beyond our southern border.

Sec. 3.

Pause.

(a) In recognition of the steps taken by the Government of Mexico, and in order to assess whether the threat described in section 1 of this order has abated, the additional 25 percent ad valorem rate of duty shall be paused and will not take effect until March 4, 2025, at 12:01 am eastern time. Accordingly, sections 2(a), sections 2(d), and section 2(e) of the Executive Order of February 1, 2025, are amended by striking the term “February 4, 2025,” where it appears in those sections and inserting in lieu thereof the term “March, 4, 2025.”The exceptions set forth in section 2(a) of the Executive Order of February 1, 2025, related to covered goods loaded onto a vessel at a port of entry or in transit on the final mode of transport prior to entry into the United States are, hereby, withdrawn.

(b) During this pause, the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the Assistant to the President for National Security Affairs, and the Assistant to the President for Homeland Security, shall continue to assess the situation at our southern border, as provided in section 3 of the Executive Order of February 1, 2025.

© If the illegal migration and illicit drug crises worsen, and if the Government of Mexico fails to take sufficient steps to alleviate these crises, the President shall take necessary steps to address the situation, including by immediate implementation of the tariffs described in the Executive Order of February 1, 2025.

Sec. 4.

Severability.

If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.

Sec. 5.

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 legislativeproposals.

(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, February 3, 2025.