Benjamine Huffman, the acting secretary of the Department of Homeland Security, issued a finding Thursday calling for an immediate federal response to combat an “actual or threatened mass influx” illegal immigrants arriving at the southern border.
In his finding, Huffman requested assistance from all 50 states to assist the federal government in immigration enforcement.
The secretary determined that “circumstances exist relating to the administration of the immigration laws of the United States which endanger the life, property, safety, or welfare of residents” in all 50 states.
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Migrant deportees from the U.S. stand at the EL Chaparral pedestrian border bridge in Tijuana, Mexico, Tuesday, January 21, 2025. (AP Photo/Felix Marquez)
“I further note that an actual or threatened mass influx of aliens is arriving at the southern border of the United States and presents exigent circumstances requiring an immediate Federal response,” he said. “I am therefore requesting assistance from state and local governments in all 50 states.”
The finding is effective immediately and expires in 60 days unless extended. The 60 days gives officials time to depute local and state law enforcement to assist with immigration enforcement.
Some states Like California will likely push back on efforts to help federal immigration authorities. On Thursday, California Attorney General Rob Bonta said local and state enforcement cannot be ordered to carry out 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—by 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. Although the federal government can use its own resources to enforce federal immigration, the court ruled in Printz v. United States that the federal government cannot impress upon 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 Research state or local Officials Obstructing Immigration Enforcement.
As part of his finding, Huffman noted that more than 8 million illegal immigrants 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 bus after crossing illegally and waiting to seek asylum between two border walls separating Tuesday, Jan. 21, 2025, in San Diego. (AP Photo/Gregory Bull)
“Over the past four years, our southern border has been overrun. Last month, Border Patrol encountered 47,330 aliens across the southern border,” the finding states. While that number is a significant reduction from the peak over the past four years, it is still too high. To demonstrate that month, Border Patrol released at least 6,920 aliens at the Southwest Mandatory Detention border .”
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He mentioned periods during the Biden administration When the numbers were “astronomically higher,” like 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 should work. Aliens arriving at ports of entry or entering unlawfully are supposed to be inspected,” Huffman said.
“Unless they have” clear and unquestionable rights to be admitted, “they should be detained until removed or granted discretionary relief such as asylum.”
In the early 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 January 21 and 9 a.m. January 22, ICE Enforcement and Removal Operations (ERO) arrested more than 460 illegal immigrants from numerous countries who have criminal history of sexual abuse, theft, burglary, serious assault, drug and weapons offences, resisting arrest and domestic violence.
While multiple factors can be considered when determining an influx, Huffman said the magnitude of the problem was enough to make the finding.
“First, if the influx is not controlled, it is likely to increase. I have seen time and time again that failure to incentivize the border increases the incentives for more aliens to enter unlawfully,” he said. “Second, the introduction of uncertified foreign persons – at least some of whom will undoubtedly be criminals – has the potential to increase criminal activity.
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“Many of the illegal entries at our southern border involve other criminal behavior, including human trafficking, drug smuggling and sexual violence,” he added. “Third, law enforcement agencies, especially immigration enforcement agencies, are faced with unusual and overwhelming demands. In particular, immigration enforcement Agencies are currently facing a shortage of detention capacity needed to meet legal detention obligations. “
