President Biden Terminates National Emergency at the Southern Border, Halting Construction of the Border Wall

On January 20, 2021, President Biden, determining that President Trump’s declaration of a national emergency at the southern border was unwarranted, issued an executive order terminating the national emergency.

President Biden also ordered that all construction work pause as soon as possible, no later than January 27, 2021, to permit the Secretary of Defense and the Secretary of Homeland Security, along with the Director of the Office of Management and Budget (OMB), to assess the legality of the funding and contract methods used to construct the wall, and to assess the administrative and contractual consequences of ceasing construction.

He also ordered that the Secretary of Defense, Secretary of Homeland Security, Secretary of the Treasury, and the Attorney General work with the Director of OMB and the heads of other agencies to develop, within 60 days, a plan for the redirection of these funds, including consideration of terminating or repurposing contracts with private contractors engaged in wall construction.  President Biden also ordered a review of the resources that have already been appropriated or redirected for that construction.

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