10 U.S.C. § 284: The Law That Will Build The Wall

Congressman Mo Brooks (R-AL) asked the Under Secretary for Policy John Rood several key questions that confirm that President Trump can build the wall without declaring a state of emergency or the need for Congress to pass any bill. The answer is 10 U.S.C. § 284.



BROOKS: I want to direct your attention to 10 United States Code § 284 which authorizes President Trump to deploy the United States military to the southern border to build fences and to do a lot of other things, and for clarity, if you look it up in the dictionary the word fence includes the word barrier and the word barrier includes walls made of a wide variety of different materials.

So that having been said, it seems to me that 10 U.S. Code § 284 can be used by the President of the United States to direct the United States military to build a wall. Now as of today, you’ve mentioned military forces along the southern border, have any of them been deployed pursuant to 10 U.S.C. § 284?

ROOD: Congressman, I don’t believe any of our forces have been deployed pursuant to 10 U.S.C. § 284. You are correct, however, that that use of authority would authorize the secretary of defense to erect barriers, roads, fencing, those types of materials to disrupt drug smuggling.

BROOKS: Does 10 U.S.C. § 284 as you understand it, require the declaration of a national emergency before it is implemented?


BROOKS: It does not?


BROOKS: Has President Trump, to your knowledge, ever used 10 U.S.C § 284 to direct the military to build the wall that is necessary for border security?

ROOD: No, not to my knowledge, Congressman.

BROOKS: If President Trump were to direct the Pentagon and the United States military pursuant to 10 U.S.C § 284 to build such barriers as are necessary to secure our southern border from drug trafficking and international crime cartels would the United States military obey that order?

ROOD: If we judge it to be a lawful order, yes sir. And I assume it would be.

EDITORS NOTE: The featured photo is by Dorian Hurst on Unsplash.

12 replies
  1. David in MA
    David in MA says:

    Here ya go, Mr. President……. build the wall, and watch nasty Pelosi and crying chucky have a coronary attack…..LOL

  2. jerry jones
    jerry jones says:

    This is the true answer for POTUS to get the wall and other items necessary for the protection of our southern border. I sincerly hope he takes this information and have the appropriated people carry out the order. Screw Pelosi, and do before you make the SOTU.

    • George Charles Maurer
      George Charles Maurer says:

      Jerry…given Congress yields, based on 10 USC 284, couldn’t they in the same breath withhold funding? (Congress holds the purse)

      • Dave Evans
        Dave Evans says:

        You mean pass statute (law) which has to be passed by the Senate and then signed by the president? Suppose that doesn’t happen? Can the president use labor and resources already budgeted to accomplish tasks described under 10 USC 284? I understand the Dept of Defense already has billions of dollars authorized under the Military Construction Program for construction, and not all of it is earmarked for specific projects; some of it is not.

  3. George Charles Maurer
    George Charles Maurer says:

    It appears that McConnell, Pelosi, Schumer and the other Democrats and Republicans (RINOS) could be receiving “contributions” from the Cartel thus promising them to prevent a WALL that suppresses drug trafficking…
    i.e….if the wall is built, the “CONTRIBUTIONS” stop

  4. Pam Lendi
    Pam Lendi says:

    I suspect the Dems really don’t mind if it gets done this way- they secretly want it, just have to stand against it just because it’s “Trumps Wall” Then they can still complain about it and inwardly sigh with relief.

  5. George A. Ortega
    George A. Ortega says:

    Senator Schumer says that he would support what the Statue of Liberty inscribed words instead of a wall of barrier. However, the Statue of Liberty does not say bring all the killing drugs, human traffickers and criminal gangs.

  6. Sheldon
    Sheldon says:

    If there is anything that demonstrates that Trump never gave a damn about building the wall it was his unwillingness to use the billions he could have used starting on the first day of his Presidency without action by Congress and without a declaration. The wall is just a tool Trump uses to pacify his supporters.

    To make it worse, Trump won’t even try to use his declaration to provide a penny for his wall. Trump will all the other sources first, so he will run out the clock before he will get to 10 USC 2808.
    See https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-border-security-victory/


    There’s a good reason why Trump will never try to use 10 USC 2808. A linear wall/fence/barrier isn’t necessary to support the Armed Forces, whose mission is to support law enforcement. Nor is a w/f/b at the border a military installation as defined in 10 USC 2801 when you work through those definitions. And before you try a gotcha, google ejusdem generis.

    Trump got conned by his advisers in December 2018. By February 15, 2019, he knew he was conning his supporters.

    Now, is that a great President or what?


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