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Understanding the DHS Finding of a Mass Influx of Aliens and Its Implications

  • By: Immigration Attorney Osas Iyamu
  • Published: January 29, 2025
U.S. Department of Homeland Security emblem on a dark blue brick wall. Immigration law firm logo in the corner, representing legal services for U.S. immigration, naturalization, and DHS policies. Concept of border security, immigration regulations, and legal assistance.

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.

What Is the DHS Finding?

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.

Why Does This Finding Matter?

The finding carries significant implications for border security, state and local enforcement involvement, and national immigration policies. Here are the key takeaways:

  1. Mandatory Detention Requirements – Under 8 U.S.C. § 1225(b), most individuals who arrive at the border without clear eligibility for admission must be detained until they are either granted relief (such as asylum) or removed. However, due to limited detention capacity, many individuals have been released into the U.S. under policies commonly referred to as “catch and release.”
  2. National Security & Public Safety Risks – Notably, the report highlights that many individuals entering the country have not undergone full vetting for criminal backgrounds or security threats due to limitations in existing databases. Consequently, DHS argues that inadequate screening poses an ongoing risk to national security and public safety.
  3. Increase in Illegal Activities – Moreover, DHS links the mass influx to increased criminal activity, citing concerns about human trafficking, drug smuggling, and violent crimes. The agency warns that failure to curb the influx could further incentivize unauthorized migration and organized crime along the border.

The Immigration and Nationality Act (INA) and related regulations grant DHS broad authority to respond to immigration emergencies. Specifically, the key provisions cited include:

  • 8 U.S.C. § 1103(a)(10): Allows the DHS Secretary to request assistance from state and local governments when an influx of unauthorized individuals presents urgent circumstances.
  • 28 CFR § 65.81: Defines the factors considered in determining a “mass influx” and the need for federal intervention.
  • 8 U.S.C. § 1701: Mandates that DHS take all necessary actions to maintain “operational control” of U.S. borders, which includes preventing all unauthorized entries, including potential security threats.

Implications for States and Local Governments

With this DHS finding, the agency is calling upon all 50 states to assist in immigration enforcement. This means:

  • Increased State and Local Law Enforcement Roles – As a result, state and local authorities may be asked to support federal efforts in detaining and processing unauthorized migrants.
  • Expanded Detention & Deportation Efforts – Furthermore, more resources may be directed toward increasing detention space and expediting deportation proceedings.
  • Potential Legal Challenges – However, some states may challenge the federal government’s request, citing concerns over resource allocation, civil rights, and humanitarian obligations.

What Happens Next?

This finding is effective immediately and will remain in effect for 60 days, unless extended. In the coming weeks, we can expect:

  • Increased federal immigration enforcement actions at the border.
  • Possible state-level responses, with some states likely to cooperate and others potentially resisting federal intervention.
  • Legal battles over the extent of state and local government involvement in federal immigration enforcement.

Final Thoughts

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.

Osas Iyamu

Distance Is No Barrier, Call Us Now!
(800) 974-6480
(352) 237-2403