On January 23, 2025, Acting Secretary of Homeland Security Benjamine Huffman signed a "Finding of Mass Influx of Aliens," two days before Kristi Noem was sworn in as DHS Secretary. The initial finding was effective on the date of signing and for 60 days thereafter (until March 24, 2025). On March 25, 2025, DHS Secretary Kristi Noem extended the finding for an additional 180 days.
- Initial 60-day finding Federal Register citation: 90 FR 8399 (January 29, 2025)
- 180-day extension notice Federal Register citation: 90 FR 13622 (March 25, 2025)
A DHS Secretary’s finding of an "actual or imminent mass influx of aliens" under 8 USC § 1103(a)(10) and 28 CFR § 65.83(d)(1) activates enhanced federal authority and resources and presses for state and local cooperation. Congress gave the DHS Secretary the authority to make this determination in 1996, but the January 23, 2025 finding was the first time the authority has ever been used.
For more background, see:
- The "Mass Influx" Declaration, Fact Sheet, American Immigration Council, January 27, 2025
Authorities cited in the initial January 23, 2025 finding include:
- Presidential Proclamation 10888 of January 20, 2025: Guaranteeing the States Protection Against Invasion. Proclamation on whitehouse.gov and in the Federal Register at 90 FR 8333 (January 29, 2025). Declares that an ongoing "invasion" is occurring at the U.S. southern border and invokes executive authority under the Constitution and immigration law to suspend the entry of migrants crossing the border illegally. The proclamation directs the Department of Homeland Security to implement broad restrictions on entry, including denying asylum claims and removing individuals without processing under standard immigration procedures.
- 8 USC 1103(a)(10)
- 8 USC 1225
- 8 USC 1701 note (Achieving Operational Control on the Border)
- 28 CFR 65.81
- 28 CFR 65.83