Proclamation 9880-Addressing Mass Migration Through the Southern Border of the United States
Issued 2019-05-08 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On May 8, 2019, President Trump issued a proclamation extending restrictions on people entering the United States through the southern border with Mexico. The proclamation continued an earlier policy that suspended and limited entry for people crossing the border unlawfully, while exempting those who entered at official ports of entry and presented themselves for inspection, as well as lawful permanent residents. The action was based on sections of immigration law that allow the president to suspend entry when it's deemed detrimental to U.S. interests.
The proclamation pointed to increasing numbers at the border as justification for the extension. According to the proclamation, daily attempted entries by inadmissible people had risen from approximately 2,000 in November 2018 to approximately 3,900 by May 2019, and Border Patrol apprehensions between January and April 2019 were projected to reach approximately 460,000—more than the totals from eight of the previous ten full years.
The proclamation noted that a federal district court judge in California had issued a nationwide injunction blocking related immigration rules from taking effect. Under those rules, people who entered unlawfully in violation of the proclamation would be ineligible for asylum, but the court order prevented those rules from being implemented while the government appealed.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation issues "Proclamation 9880-Addressing Mass Migration Through the Southern Border of the United States". The stated purpose: "these problems continues to be hampered by a nationwide injunction issued by a United States District Court judge in the Northern District of California." Presidents have issued proclamations since George Washington, and they carry the force of law when grounded in specific statutory authority delegated by Congress. Proclamations can be ceremonial (expressing national sentiment) or substantive (exercising delegated trade, immigration, or emergency powers).
The legal weight of this proclamation depends on the specific statutory authority it invokes. Without statutory backing, a proclamation is merely an expression of executive policy with no binding legal effect on citizens. With statutory backing, it can create enforceable rules — but those rules must stay within the scope of what Congress authorized.
Official Summary
Administration of Donald J. Trump, 2019 Proclamation 9880—Addressing Mass Migration Through the Southern Border of the United States May 8, 2019 By the President of the United States of America A Proclamation In Proclamation 9822 of November 9, 2018 (Addressing Mass Migration Through the Southern Border of the United States), I found that our immigration and asylum system is in crisis as a consequence of the mass migration of aliens across the border between the United States and Mexico (southern border). Accordingly, pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a), respectively), I found that the unlawful entry of aliens through that border is detrimental to the interests of the United States and suspended and limited entry of such aliens. I exempted from the scope of Proclamation 9822 any alien who entered the United States at a port of entry and properly presented for inspection, as well as any lawful permanent resident of the United States. In Proclamation 9842 of February 7, 2019 (Addressing Mass Migration Through the Southern Border of the United States), I extended Proclamation 9822 for 90 days because I found that "the problem of large numbers of aliens traveling through Mexico to enter our