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Benjamine Huffman, acting secretary of the Department of Homeland Security, released the finding on Thursday, calling for an immediate federal response to combat an “actual or imminent mass influx.” illegal immigrants arriving at the southern border.
In his finding, Huffman asked for help from all 50 states to help the federal government with immigration enforcement.
Secretary found that “circumstances exist involving the application of United States immigration laws that endanger the lives, property, safety, or welfare of residents” in all 50 states.
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Migrants deported from the US checkpoint at the El Chaparral pedestrian border bridge in Tijuana, Mexico, Tuesday, January 21, 2025. (AP Photo/Felix Marquez)
“I further find that the actual or imminent mass influx of aliens coming to the southern border of the United States constitutes exigent circumstances requiring an immediate federal response,” he said. “That’s why I’m asking for the help of state and local governments in all 50 states.”
The finding takes effect immediately, and will expire in 60 days, if not extended. The 60 days will give officials time to deputize local and state law enforcement to help enforce immigration laws.
Some countries like California likely to abandon efforts to assist federal immigration authorities. On Thursday, California Attorney General Rob Bonta said that local and state police forces 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 commanding states to enforce federal laws,” Bonta said in a statement. “Although the federal government can use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘put into its service—at no cost—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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“It’s not my job. I have too much to do,” LVMPD Sheriff Kevin McMahill told 8 News recently.
In addition, the Department of Justice requests that federal prosecutors investigate state or local officials who obstruct the enforcement of immigration laws.
As part of his discovery, Huffman noted that more than 8 million illegal immigrants entered the US through southern border over the past four years, while millions of others have escaped 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 past four years, our southern border has been overrun. Last month, the Border Patrol encountered 47,330 aliens along the southern border,” the report said. “While that number is a large decrease from the peak of the past four years, it is still too high. To put it in perspective, in that month the Border Patrol released at least 6,920 aliens at the Southwest border, the vast majority of whom were subject to mandatory detention.”
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He listed periods during 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 illegally should be screened,” Huffman said.
“Unless they are “clearly and beyond doubt entitled to be admitted,” they should be detained until they are removed or granted discretionary relief such as asylum.”
In the early days of the Trump administration, US Immigration and Customs Enforcement (ICE) arrested hundreds of illegal immigrants, including those with violent criminal histories.
In a 33-hour period between midnight on January 21 and 9 a.m. on January 22, ICE Enforcement and Removal Operations (ERO) arrested more than 460 illegal immigrants from numerous countries who criminal history sexual assault, robbery, burglary, aggravated assault, drugs and weapons, resisting arrest and domestic violence.
While there are many factors that can be taken into account when determining influx, Huffman said the size of the problem is enough to make that finding.
“First, if the influx is not controlled, it is likely to increase. I have seen time and time again that failure to control the border increases the incentives for more and more aliens to try to enter illegally,” he said. “Second, the introduction of unvetted aliens – at least some of whom will undoubtedly be criminals – is likely to increase criminal activity.
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“A large proportion of illegal entries at our southern border involve other criminal behaviors, including human trafficking, drug smuggling and sexual assault,” he added. “Third, law enforcement agencies, especially immigration enforcement agencies, face unusual and overwhelming demands. In particular, immigration enforcement agencies currently face a shortage of detention capacity necessary to meet statutory detention obligations.”
