Progress on the Situation at Our Northern Border
This executive order authorizes the President to use economic powers to address what it describes as a national-security threat linked to drug trafficking and illicit activity at the U.S.–Canada border. It authorizes ad valorem tariffs on articles that are products of Canada, drawing on the authority of IEEPA (International Emergency Economic Powers Act) and related statutes. The order contains an explicit pause: the additional tariff rates previously contemplated (25% on most goods and 10% on energy products) are paused through March 4, 2025, to give time to assess Canada’s actions. If the situation worsens or Canada does not take sufficient steps, the President may reimpose or rapidly implement the tariffs described in the earlier February 1, 2025 order. The document also includes standard severability and general-provisions language clarifying that the order does not create rights and must be implemented consistent with law and appropriations.
Key Points
- 1Legal authority and scope: Uses IEEPA, the National Emergencies Act, the Trade Act of 1974, and a provision of Title 3 to authorize tariffs on articles that are products of Canada as a tool to address cross-border drug- and migration-related threats.
- 2Immediate steps referenced: The order builds on a February 1, 2025 executive action that set the framework for ad valorem tariffs on Canadian-origin goods; this order formalizes that framework and includes a pause to evaluate Canada’s actions.
- 3Pause of tariff increases: The additional 25% ad valorem duty on most goods and the 10% ad valorem duty on energy products are paused until March 4, 2025, 12:01 a.m. ET; the date references in the February 1 order are extended accordingly.
- 4Scope of the pause and exceptions: The pause applies broadly, but certain exceptions tied to how goods are loaded or transported (as specified in the February 1 order) are withdrawn during the pause.
- 5Contingency and ongoing assessment: During the pause, DHS (in consultation with State, the Attorney General, NSC staff, and White House security officials) will continue to monitor the situation at the northern border to determine whether the threat has abated.
- 6If conditions worsen: If illegal migration and illicit drug crises worsen and Canada fails to act, the President may immediately implement the tariffs described in the February 1 order.
- 7Severability and general provisions: If any provision is invalid, the rest remains in effect; nothing in the order impairs executive-branch authority, and the order is to be implemented consistent with law and appropriations. It does not create enforceable rights.