Amending Proclamation 10773

This proclamation amends border security measures from June 2024 by making two changes: (1) raising the threshold to discontinue entry restrictions from a short-term to a sustained decrease—requiring 28 consecutive days of sub-1,500 average daily encounters rather than a lower threshold; and (2) including unaccompanied children from non-contiguous countries in encounter calculations while keeping them exempt from actual entry suspension. Both amendments are contingent on a final rule being promulgated by DHS and DOJ.

Federal Register Open PDF 89 FR 80351

Impact dates

Date TBD
14-day wind-down period after Secretary determines 28 consecutive days below 1,500 threshold met
Date TBD
Final rule promulgation by DHS Secretary and Attorney General amending IFR for amendments to take effect

Key directives

Amend Proclamation 10773 Section 2(a) to require 28 consecutive calendar days of 7-day average below 1,500 encounters before discontinuation, with 14-day wind-down period
Revoke Proclamation 10773 Section 2(c)
Include unaccompanied children from non-contiguous countries in encounter calculations while maintaining their exemption from suspension
Secretary of Homeland Security to monitor daily encounters and make factual determination on threshold
DHS Secretary and Attorney General to promulgate final rule amending IFR 'Securing the Border' for amendments to become effective
Amendments automatically sunset if corresponding IFR provisions are enjoined by court order

Who is ordered

Timeline

Immediate

Proclamation issued but amendments are conditional on final rule promulgation

Near term (90d)

DHS and DOJ must promulgate final rule amending the IFR for amendments to take effect
Potential regulatory action on IFR measures related to threshold and unaccompanied children calculations

Long term

If triggered, entry suspension discontinuation requires 28 consecutive days below 1,500 average before 14-day wind-down begins
Structural change to how border encounter metrics calculate system capacity

Risks & tensions

Conditional effectiveness creates legal uncertainty—amendments may never take effect if final rule delayed or blocked
Court-order contingency in Section 4 creates automatic reversion to original proclamation terms, potentially causing policy whiplash
Including unaccompanied children in calculations while exempting them from suspension may create mixed incentives or operational confusion
Threshold change makes it harder to lift restrictions, which could extend border closures well beyond original design; vague whether this is intended to be permanent structural change