Progress on the Situation at Our Southern Border

Executive Order 14198—“Progress on the Situation at Our Southern Border”—authorizes the use of broad national-security powers to address what the President terms an extraordinary threat stemming from drug trafficking and illicit activity connected to the U.S.-Mexico border. Specifically, it authorizes ad valorem tariffs of 25% on articles that are products of Mexico under authority invoked from the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and related statutes. The order notes that Mexico has taken steps to curb illegal migration and drug trafficking, but directs continued assessment of whether those steps are sufficient. Importantly, a temporary pause is placed on the 25% tariff until March 4, 2025, to give time to evaluate Mexico’s actions; if the situation worsens or Mexico does not take sufficient steps, the President may reimpose the tariffs. The order also preserves the President’s other authorities, clarifies that the order does not create new rights, and includes standard severability and implementation provisions. In short, the order ties a potential tariff regime to evolving conditions at the southern border, suspends the tariff for a short window to assess Mexico’s response, and preserves existing legal authorities and protections.