Benjamine Huffman, the acting secretary of the Department of Homeland Security, on Thursday issued a finding calling for an immediate federal response to combat an “actual or imminent mass influx” of illegal immigrants arriving at the southern border.
In his finding, Huffman requested help from all 50 states to assist the federal government in immigration enforcement.
The secretary determined that “there exist circumstances involving the administration of the immigration laws of the United States that endanger the lives, property, safety, or welfare of the residents” in all 50 states.
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Migrants deported from the U.S. stand on the El Chaparral pedestrian border bridge in Tijuana, Mexico, Tuesday, Jan. 21, 2025. (AP Photo/Felix Marquez)
“I further find that an actual or imminent mass influx of aliens is arriving at the southern border of the United States and presents urgent circumstances requiring an immediate federal response,” he said. “I therefore request the assistance of State and local governments in all 50 States.”
The finding is effective immediately and expires in 60 days, unless extended. The 60 days will give officials time to deputize local and state law enforcement to assist in immigration enforcement.
Some states like California will likely push back on efforts to assist federal immigration authorities. On Thursday, California Attorney General Rob Bonta said local and state enforcement cannot be ordered to perform federal immigration duties.
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This split shows President Donald Trump and migrants at the southern border. (Getty Images)
“It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws,” Bonta said in a statement. “While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States’.”
The Las Vegas Metropolitan Police Department has also doubled down on its policy of limiting cooperation with immigration authorities.
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“That’s not my job. I have too much to do,” LVMPD Sheriff Kevin McMahill recently told 8 News.
In addition, the Justice Department is pushing for federal prosecutors to investigate state or local officials who obstruct immigration enforcement.
As part of his finding, Huffman noted that more than 8 million illegal immigrants have entered the U.S. through the southern border in the past four years, while millions more evaded detection.
Migrants make their way to a Border Patrol van after crossing illegally and waiting to apply for asylum between two border walls separating Mexico and the United States Tuesday, Jan. 21, 2025, in San Diego. (AP Photo/Gregory Bull)
“Over the last four years, our southern border has been overrun. Last month, Border Patrol encountered 47,330 aliens along the southern border,” the finding states. “While that number is a major reduction from the peak over the last four years, it is still too high. To demonstrate, in that month, Border Patrol released at least 6,920 aliens at the southwest border, the vast majority of whom are subject to mandatory detention.”
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He cited periods during the Biden administration when the numbers were “astronomically higher,” such as December 2022, when border agents released at least 140,306 illegal immigrants at the southwest border.
“Whether the number is 140,000 or 6,000, this is not the way our immigration laws are supposed to work. Aliens arriving at ports of entry or entering unlawfully are supposed to be inspected,” Huffman said.
“Unless they are “clearly and beyond a doubt entitled to be admitted,” they are supposed to be detained until either removed or they are granted discretionary relief such as asylum.”
In the first days of the Trump administration, U.S. Immigration and Customs Enforcement (ICE) arrested hundreds of illegal immigrants, including those with violent criminal histories.
In a 33-hour period between midnight Jan. 21 and 9 a.m. Jan 22, ICE Enforcement and Removal Operations (ERO) arrested more than 460 illegal immigrants from numerous countries who have criminal histories of sexual assault, robbery, burglary, aggravated assault, drugs and weapons offenses, resisting arrest and domestic violence.
While multiple factors may be considered in determining an influx, Huffman said the magnitude of the problem was sufficient to make the finding.
“First, if the influx is not controlled, it is likely to increase. I have seen again and again that failure to control the border increases the incentives for more aliens to attempt to enter unlawfully,” he said. “Second, the introduction of unvetted foreign persons — at least some of whom will unquestionably be criminals — has a likelihood to increase criminal activity.
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“Much of the illegal entries at our southern border involve other criminal conduct, including human trafficking, drug smuggling, and sexual assault,” he added. “Third, law enforcement agencies, particularly immigration enforcement agencies, face unusual and overwhelming demands. In particular, immigration enforcement agencies currently face a shortage of detention capacity necessary to comply with the statutory detention obligations.”
