In Force

"Declaring A National Emergency At The Southern Border Of The United States"

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SummaryImpact AnalysisStatusLegal ChallengesTake Institutional ActionAssociated or Derivative PoliciesPolicy Prior to 2025Additional Resources
Executive Office of the President - White House Office
Executive Order
Executive Order

Policy Type: Executive Order

A directive issued by the President that manages operations of the federal government. Executive orders have the force of law but must align with existing statutes and constitutional authority.

Who It Impacts: Federal agencies and employees, directing them on how to implement laws or carry out government functions. Executive orders can also influence businesses and individuals when they relate to issues like immigration, trade, or labor policies.

Who Is Not Impacted: Private citizens and businesses do not have to directly follow an executive order unless it leads to regulations or policies that apply to them. For example, an executive order directing federal agencies to increase renewable energy use does not mandate action from private companies, but it may influence policy shifts that eventually affect them.

Date Enacted
January 20, 2025
Last Updated
March 27, 2025
Policy Type
No items found.
Immigrant Health

Summary

This executive order declares that a national emergency exists at the U.S. southern border and directs military personnel and resources to support the U.S. government’s response to the emergency. It directs the building of physical barriers, largely continuing the immigration policies of the first Trump administration.

Impact Analysis

In combination with three other executive actions issued on January 20, this executive order effectively closes the southern border to migrants, including those requesting asylum and humanitarian protection. In addition to supporting ongoing human rights harms of the individuals looking to seek refuge, this is likely to damage local U.S. economies.

Status

Legal Challenges

Take Institutional Action

For healthcare institutions serving communities at the U.S. Mexico border, see Immigration Enforcement in Healthcare Settings How to Prepare and Respond.

Associated or Derivative Policies

  • “Guaranteeing the States Protection Against Invasion” Presidential  Proclamation
  • “Securing Our Borders” Executive Order
  • "Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States” Executive Order

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Policy Prior to 2025

A national emergency at the U.S. Mexico border was first declared by the first Trump Administration under the National Emergencies Act in 2019, and was discontinued under the Biden Administration in 2021.

Additional Resources

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In Force
May 30, 2025

Rescinded Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss

Department of Health and Human Services
Memo
Memo

Policy Type: Memo

A written policy statement issued by a government agency or executive official that provides guidance, clarification, or direction on implementing laws or policies. Memos do not have the force of law but can influence policy interpretation and enforcement.

Who It Impacts: Federal agencies, policymakers, and sometimes regulated industries. Memos can shape how agencies enforce laws, impacting businesses, healthcare providers, and other stakeholders.

Who Is Not Impacted: Memos do not create binding legal requirements for the general public, though they can influence enforcement priorities that indirectly affect individuals and organizations.

Last Updated
May 30, 2025
Policy Type

This federal action applies to the Department of Health and Human Services (HHS) and Centers for Medicare and Medicaid Service (CMS). It rescinds the agency’s July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” and the accompanying Letter from the former HHS Secretary. The Emergency Medical Treatment and Labor Act (EMTALA), encoded in the Social Security Act, outlines three requirements for hospital emergency departments: 1. all individuals are entitled to a medical screening examination in emergency settings, 2. individuals are entitled to stabilizing treatment, and 3. individuals may only be transferred to other hospitals if they are appropriately stabilized. The original memo emphasized specific provisions regarding hospital requirements, and it was rescinded under the stipulation of consistency with Executive Order 14192 “Unleashing Prosperity Through Deregulation”.

Public Health
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In Force
June 17, 2025

SAMHSA Statement on 988 Press 3 Option

Department of Health and Human Services
Agency Directive
Agency Directive

Policy Type: Agency Directive

An internal instruction issued by a government agency outlining policies, procedures, or actions to be followed by agency employees. While not legally binding outside the agency, these directives guide agency operations and decision-making.

Who It Impacts: Employees and divisions within the issuing federal agency. These directives guide how staff enforce regulations, allocate resources, and interpret laws. They may also affect industries regulated by the agency.

Who Is Not Impacted: The general public and businesses are not directly bound by agency directives, though these policies may indirectly influence enforcement practices that affect them.

Last Updated
June 17, 2025
Policy Type

As of July 17th 2025, a federal directive eliminated the specialized support option for LGBTQ+ youth through the 988 Suicide & Crisis Lifeline. Previously, callers could “Press 3” or text “PRIDE” to be connected with counselors trained specifically to work with LGBTQ+ youth. The directive announcing the change notably referred only to “LGB+ youth,” erasing references to transgender and queer individuals.

Social Safety Net
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Immigrant Health
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