Proclamation on the Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction 

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Like every nation, the United States has a right and a duty to secure its borders and protect its people against threats.  But building a massive wall that spans the entire southern border is not a serious policy solution.  It is a waste of money that diverts attention from genuine threats to our homeland security.  My Administration is committed to ensuring that the United States has a comprehensive and humane immigration system that operates consistently with our Nation’s values.  In furtherance of that commitment, I have determined that the declaration of a national emergency at our southern border in Proclamation 9844 of February 15, 2019 (Declaring a National Emergency Concerning the Southern Border of the United States), was unwarranted.  It shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall.  I am also directing a careful review of all resources appropriated or redirected to construct a southern border wall.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 202 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that the national emergency declared by Proclamation 9844, and continued on February 13, 2020 (85 Fed. Reg. 8715), and January 15, 2021, is terminated and that the authorities invoked in that proclamation will no longer be used to construct a wall at the southern border.."
Border Wall Construction 

Can the Department of Defense Build the Border Wall?

"According to multiple reports, President Trump may be contemplating declaring a national emergency in order to fund the construction of a physical barrier along the southern border with Mexico. The funding for such construction has been the focal point of the partial government shutdown that began on December 22, as Congress has thus far refused the President’s demand for $5.7 billion in funding for the construction of physical barriers by the Department of Homeland Security (DHS) (the lead agency responsible for deterring illegal border crossings). A number of media outlets have reported that the President is considering whether to resolve this impasse by directing the Department of Defense (DOD) to construct border fencing with its existing appropriations. Certain federal statutes potentially provide the DOD with limited authority to construct physical barriers along the border. However, the President may seek to avail himself of broader authorities by declaring a “national emergency” under the National Emergencies Act (NEA). Such a declaration could enable the President to invoke certain emergency military construction authorities established by the Military Construction Codification Act (MCCA). Whether these authorities—individually or in combination—extend to the construction of a border wall would present a reviewing court with several questions of first impression.

This Sidebar provides an overview of the NEA; the military construction authorities available in the event of a declared emergency that the Administration may rely upon to deploy border fencing; and other  statutory authorities that may provide the DOD with the authority to engage in certain construction operations..."
Border wall