The Department of Homeland Security (DHS) has formally extended its “Finding of Mass Influx of Aliens,” a legal designation that preserves expanded immigration enforcement powers across the United States and keeps state and local law enforcement in the fight against illegal immigration.
The renewed declaration—set to be published in the Federal Register on March 25—continues the emergency authority first invoked on Jan. 23, shortly after President Donald Trump’s second inauguration.
The extension allows DHS to maintain cooperation with local agencies under provisions of federal law that enable non-federal officers—such as local police officers—to assist in federal immigration enforcement during periods of mass illegal border crossings.
“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,” wrote Homeland Security Secretary Kristi Noem, who formally requested the assistance of state and local governments in all 50 states.
Noem emphasized that the emergency designation remains essential to keeping illegal immigration levels in check. Without it, she warned, border crossings are likely to surge again before DHS can regain operational control.
The Numbers
Estimates of the total number of illegal immigrants in the United States vary widely. DHS estimated the illegal immigrant population at 11 million as of January 2022. The Center for Immigration Studies placed the figure at 12.3 million in a May 2023 report, while the Federation for American Immigration Reform (FAIR) offered an estimate of 16.8 million in June 2023.
Since Trump returned to office in January, U.S. Immigration and Customs Enforcement (ICE) has arrested 32,809 illegal immigrants and deported 29,033, according to data cited in the DHS notice.
Of those arrested, 14,111 had prior criminal convictions, 9,980 had pending criminal charges, 1,155 were confirmed gang members, and 39 were known or suspected terrorists.
The surge in enforcement has strained detention capacity. As of March 13, ICE held 47,372 detainees, or nearly 87 percent of its maximum 54,500-bed capacity.
“ICE’s priority for detention space is removing aliens with criminal records, public safety risks, and national security risks,” the DHS notice states. “Should this finding not be extended, ICE would be hampered in this critical effort.”
Access to Sensitive Locations
In January, Acting Homeland Security Secretary Benjamine Huffman rescinded 2021 guidance that barred immigration arrests at “sensitive locations” such as schools, churches, food banks, and shelters. Huffman said at the time that the prior policy enabled criminals to exploit safe zones to avoid apprehension.However, following a legal challenge, a federal court issued a preliminary injunction at the end of February and a protective order in March, significantly restricting ICE activity in or near places of worship.
In addition, the Department of Justice (DOJ) issued a directive in January allowing ICE officers to make arrests inside immigration court facilities, reversing a Biden-era restriction.
Criminal Organizations
The administration has also turned its attention to foreign criminal organizations. The State Department recently designated Venezuela’s Tren de Aragua criminal network and seven other gangs and cartels as foreign terrorist organizations. The designations enhance the federal government’s ability to freeze assets, impose financial sanctions, and deny visas to individuals affiliated with these groups.Tren de Aragua has become a focal point of Trump’s immigration and national security strategy. On March 15, the president invoked the Alien Enemies Act of 1798—a rarely used wartime law—and designated members of the gang as “alien enemies” working in coordination with the Venezuelan regime. The proclamation allows for immediate arrest and deportation without standard due process, a move that has drawn legal challenges.
