On January 20, 2025, the President issued a Presidential Proclamation titled Guaranteeing the States Protection Against Invasion. This proclamation recognizes an ongoing influx of individuals crossing the southern border of the United States without legal authorization. Following this, the Department of Homeland Security (DHS) issued an official finding of a mass influx of aliens, invoking specific legal provisions to address what has been deemed an urgent crisis. To learn more, the full DHS document can be accessed here: Finding of Mass Influx of Aliens.
The DHS determination highlights that over the past four years, more than 8 million unauthorized individuals have been encountered at the southern border, with an undetermined number evading detection. As a result, the DHS Secretary, under 28 CFR § 65.83, has identified this situation as a threat to the lives, property, safety, and welfare of residents across all 50 states. Consequently, this determination empowers the federal government to seek assistance from state and local governments in enforcing immigration laws.
The finding carries significant implications for border security, state and local enforcement involvement, and national immigration policies. Here are the key takeaways:
The Immigration and Nationality Act (INA) and related regulations grant DHS broad authority to respond to immigration emergencies. Specifically, the key provisions cited include:
With this DHS finding, the agency is calling upon all 50 states to assist in immigration enforcement. This means:
This finding is effective immediately and will remain in effect for 60 days, unless extended. In the coming weeks, we can expect:
Ultimately, the DHS’s determination of a mass influx of aliens underscores the ongoing challenges at the southern border. The decision to involve all 50 states in enforcement efforts signals a shift in immigration policy that may have widespread effects on local communities, law enforcement, and the broader debate over U.S. immigration policy.
As developments unfold, it will be critical to monitor how federal, state, and local agencies respond to this directive and what this means for migrants, border security, and the rule of law in the United States.
Stay tuned for updates as we continue to follow this evolving situation.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.