Wall without National Emergency Declaration Trump Wall. The points brought up here are that DoD may be limited to areas of Drug Trafficking only, but I am sure Homeland and CBP can provide documentation that shows pretty much the ENTIRE border is used for Drug Trafficking. U.S.C. § 284 (Section 284) provides that the Secretary of Defense “may provide support for the  counterdrug activities or activities to counter transnational organized crime” of any law enforcement  agency, including through the “[c]onstruction of roads and fences and installation of lighting to block  drug smuggling corridors across international boundaries of the United States.” Use of Section 284 would  not require a declaration of a national emergency under the NEA. However, the DOD’s Section 284  authority to construct fences appears to extend only to “drug smuggling corridors,” a condition that may  limit where DOD could deploy fencing.