[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13622-13623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05120]
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DEPARTMENT OF HOMELAND SECURITY
Finding of Mass Influx of Aliens
On January 23, 2025, the Acting Secretary of Homeland Security
issued a Finding of Mass Influx of Aliens. This finding went into
effect immediately (on January 23, 2025) and remained in effect for 60
days (until March 23, 2025). The Acting Secretary's finding published
in the Federal Register on January 29, 2025. See 90 FR 8,399. Upon
review of the current situation at the border, I am extending that
finding.
The Immigration and Nationality Act (INA), at 8 U.S.C. 1103(a),
provides an expansive grant of authority, stating that in the event of
a mass influx of aliens off the coast of the United States or a land
border, the Secretary may authorize a State or local law enforcement
officer, with the consent of the officer's superiors, to perform duties
of immigration officers under the INA. In turn, section 65.83 of Title
28 of the Code of Federal Regulations allows the Secretary \1\ to
``request assistance from a State or local government in the
administration of the immigration laws of the United States'' under
certain specified circumstances. Among those circumstances are when
``[t]he [Secretary] determines 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 of a
State or locality.'' 28 CFR 65.83(b).
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\1\ Although the regulations reference the ``Attorney General,''
Congress has, since the publication of these regulations,
transferred the authority and responsibility for administering and
enforcing the immigration laws to the Secretary of Homeland
Security. See Homeland Security Act of 2002 471, 6 U.S.C. 291
(abolishing the former Immigration and Naturalization Service); id.
S 441, 6 U.S.C. 251 (transferring immigration enforcement functions
from the Department of Justice to the Department of Homeland
Security); Immigration and Nationality Act 103(a)(1), 8 U.S.C.
1103(a)(1) (``the Secretary of Homeland Security shall be charged
with the administration and enforcement of this chapter and all
other laws relating to the immigration and naturalization of
aliens.'')
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In making such a determination, the Secretary may also determine
that there is an ``immigration emergency.'' The regulations define an
immigration emergency as ``an actual or imminent mass influx of aliens
which either is of such magnitude or exhibits such other
characteristics that effective administration of the immigration laws
of the United States is beyond the existing capabilities of [the
Department of Homeland Security (DHS)] in the affected area or areas.''
28 CFR 65.83(d)(1) (using identical language as 8 U.S.C. 1103(a)(10)).
Such a determination is based on ``the factors set forth in the
definitions contained in'' 28 CFR 65.81. Characteristics of an influx
of aliens, other than magnitude, which may be considered in determining
whether an immigration emergency exists include: the likelihood of
continued growth in the magnitude of the influx; an apparent connection
between the influx and increases in criminal activity; the actual or
imminent imposition of unusual and overwhelming demands on law
enforcement agencies; and other similar characteristics.
Upon review of the current data, I have determined that there
continues to exist circumstances involving the administration of the
immigration laws of the United States that endanger the lives,
property, safety, or welfare of the residents of all 50 States and that
an actual or imminent mass influx of aliens is arriving at the southern
border of the United States and presents urgent circumstances requiring
a continued federal response. I make this finding for the reasons
discussed below.
First, over the last four years, our southern border has been
overrun. As noted in Proclamation 10,888, Guaranteeing the States
Protection Against Invasion, ``[o]ver the last 4 years, at least 8
million illegal aliens were encountered along the southern border of
the United States, and countless millions more evaded detection and
illegally entered the United States.'').
Second, as of March 12, 2025, DHS estimates that there are likely
approximately 20,000 aliens across the Southwest border waiting to
illegally enter. While encounters along the southwest border declined
in February 2025, historical trends over the past four years strongly
indicate that without this finding, aliens are likely to resume
crossing the border, and border crossing numbers are likely to rise
again before DHS can gain operational control. It is precisely
measures, such as this one, that have kept the numbers under control.
Third, as stated in the January 23, 2025 notice, when border
crossing numbers are high, much detention capacity is required of U.S.
Immigration and Customs Enforcement (ICE). Mandatory detention of
aliens apprehended at the border serves important public safety and
national security purposes. Aliens who have not completed this process
have not been effectively vetted for criminality or national security
threats. Current databases do not allow for comprehensive and rapid
searching for foreign convictions or other public safety and national
security risks. As a result, the fact that the numbers at the border
are effectively forcing DHS to engage in catch-and-release practices is
eliminating or thwarting legally mandated screenings and it is
threatening public safety and national security. This does not account
for so-called gotaways, of which there have been millions over the last
four years, who are not screened in any manner. Without controls in
place at the border to stem the influx, DHS loses its capacity to hold
all aliens as required by the INA. 8 U.S.C. 1225(b). As of March 13,
2025, ICE has a detention population of 47,372, with a maximum capacity
of 54,500. ICE's facilities are currently at nearly at 87% occupancy,
and ICE's priority for detention space is removing aliens with criminal
records, public safety risks, and national security risks. Should this
finding not be extended, ICE would be hampered in this critical effort.
Fourth, an influx of aliens presents significant concerns with
respect to increased criminal activity. Between FY 2017 and 2019, ICE
removed 485,930 aliens with criminal convictions or pending criminal
charges. However, between FY 2021 and FY 2023, ICE removed 158,931
aliens with criminal convictions or pending criminal charges. Assuming
that the crime rate of foreign nationals has remained unchanged over
the year, this 67% decrease (in removals) suggests that tens of
thousands of criminal aliens remain in the United States. Where there
is an increase in criminal aliens, there is
[[Page 13623]]
likely to be an increase in criminal activity.
Furthermore, there is still significant criminality present at the
Southwest border even though encounter numbers are lower than
previously. In February 2025, U.S. Customs and Border Protection's
(CBP's) Office of Field Operations (OFO) and U.S. Border Patrol (USBP)
encountered 393 criminal aliens. OFO made 645 criminal arrests, and
USBP had 12 gang apprehensions. USBP referred 169 smuggling events for
prosecution, and OFO referred 110 events for criminal prosecution.
Officers and agents seized 14,534.99 pounds of illicit narcotics,
including 589.81 pounds of deadly fentanyl. Officers and agents also
seized 104 firearms and 13,822 rounds of ammunition, as well as
$1,535,228,67 in currency. These numbers are only likely to increase if
encounter numbers increase.
Fifth, when border crossing numbers are high, unusual and
overwhelming demands are imposed on law enforcement officers and
agencies. There is significant danger presented to officers and agents.
For example, in February 2025, CBP records indicate that 30 CBP
officers/agents were assaulted. In February 2025, ICE records indicated
that aliens assaulted or used force against 10 ICE Enforcement and
Removal Operations officers. Even while encounter numbers were lower
than average in February 2025, officers and agents at the border have
consistent threats against them, and there are too many assaults and
use of force incidents on officers and agents.
Additionally, there is a strain on ICE resources, which takes ICE
away from its mission to preserve national security and public safety.
ICE has many aliens pending removal that entered during prior influxes
at the Southwest border. Managing those removals requires a significant
expenditure of ICE resources. As of November 24, 2024, there were
1,445,549 aliens on ICE's non-detained docket with final orders of
removal. This number will only increase should this finding not be
extended.
Since January 20, 2025, ICE has arrested 32,809 aliens and removed
29,033 aliens. The 32,809 arrests include 14,111 that were convicted
criminals and 9,980 with pending criminal charges. 1,155 of these
aliens were criminal gang members while another 39 were known or
suspected terrorists. ICE currently has allocated 7,282 ERO Officers
but approximately 1,295 positions, or nearly 18%, are currently vacant.
The ability of ICE to properly enforce immigration laws and focus on
public safety risks will be greatly hampered should this finding not be
extended and the previous influx of aliens resumes unabated.
On the basis of the above facts, I find that these circumstances
endanger the lives, property, safety, and welfare of the residents of
every State in the Union. The only way to effectively prevent this
danger to the States is to maintain operational control of the border,
which Congress defined to mean ``the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband.''
Secure Fence Act of 2006, Public Law 109-367, 2, 120 Stat. 2638 (2006);
8 U.S.C. 1701 note; see also id. (stating that the Secretary of DHS
``shall take all actions the Secretary determines necessary and
appropriate to achieve and maintain operational control over the entire
international land and maritime borders of the United States''). I also
find that there is currently an influx of aliens arriving across our
entire southern border, which requires a federal response.
Accordingly, pursuant to the authorities under the INA, 8 U.S.C.
1101, et seq., including the implementing regulations identified above,
I find ``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'' of all 50 States. 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. I
therefore request the assistance of State and local governments in all
50 States.
The finding is effective immediately and expires in 180 days. This
finding may expire sooner in the event I find that circumstances have
changed. Such a finding would be published in the Federal Register.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-05120 Filed 3-21-25; 4:15 pm]
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