On February 1, 2025, President Trump signed three executive orders imposing additional tariffs on Canada, Mexico, and China, pursuant to the International Emergency Economic Powers Act (IEEPA) in response to emergencies declared at the border related to fentanyl, drug trafficking, and illegal immigration concerns. President Trump has also
cited trade deficit concerns related to the tariffs.
IEEPA provides presidential authority “to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.” It empowers the President to “regulate … any … importation … of … any property in which any foreign country or a national thereof has any interest by any person … subject to the jurisdiction of the United States.” If the duties outlined in the executive orders are imposed, this will be the first use of IEEPA by a U.S. president to impose tariffs.
The U.S. executive orders are not yet posted officially on the White House website with the exception of the order as to Canada. Akin has prepared the analysis below based the White House fact sheets and copies of the orders circulated by the White House. A Federal Register (FR) notice implementing the orders and instructions from U.S. Customs and Border Protection (CBP) are forthcoming. We anticipate both documents will provide additional details, including those related to customs entry procedures.
