By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, it is hereby ordered:
Section 1. Background. On
February 1, 2025, I determined that the failure of Mexico to arrest,
seize, detain, or otherwise intercept Mexican drug trafficking
organizations, other drug and human traffickers, criminals at large,
and illicit drugs constitutes an unusual and extraordinary threat,
which has its source in substantial part outside the United States, to
the national security, foreign policy, and economy of the United
States. To address that threat, I invoked my authority under
section 1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on articles
that are products of Mexico.
Sec. 2. Immediate Steps.
Pursuant to section 3 of my Executive Order of February 1, 2025, titled
“Imposing Duties to Address the Situation at Our Southern Border” (“the
Executive Order of February 1, 2025”), I have determined that the
Government of Mexico has taken immediate steps designed to alleviate
the illegal migration and illicit drug crisis through cooperative
actions. Further time is needed, however, to assess whether these
steps constitute sufficient action to alleviate the crisis and resolve
the unusual and extraordinary threat beyond our southern border.
Sec. 3. Pause.
(a) In recognition of the steps taken by the Government of
Mexico, and in order to assess whether the threat described in section
1 of this order has abated, the additional 25 percent ad valorem rate
of duty shall be paused and will not take effect until March 4, 2025,
at 12:01 am eastern time. Accordingly, sections 2(a), sections 2(d),
and section 2(e) of the Executive Order of February 1, 2025, are
amended by striking the term “February 4, 2025,” where it appears in
those sections and inserting in lieu thereof the term “March, 4,
2025.” The exceptions set forth in section 2(a) of the
Executive Order of February 1, 2025, related to covered goods loaded
onto a vessel at a port of entry or in transit on the final mode of
transport prior to entry into the United States are, hereby, withdrawn.
(b) During this pause, the Secretary of
Homeland Security, in consultation with the Secretary of State, the
Attorney General, the Assistant to the President for National Security
Affairs, and the Assistant to the President for Homeland Security,
shall continue to assess the situation at our southern border, as
provided in section 3 of the Executive Order of February 1, 2025.
(c) If the illegal migration and illicit drug
crises worsen, and if the Government of Mexico fails to take sufficient
steps to alleviate these crises, the President shall take necessary
steps to address the situation, including by immediate implementation
of the tariffs described in the Executive Order of February 1,
2025.
Sec. 4. Severability.
If any provision of this order, or the application of any provision to
any person or circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any other persons
or circumstances shall not be affected thereby.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
February 3, 2025.