Acting Department of Homeland Security Secretary Benjamin Huffman released findings Thursday calling for an immediate federal response to combat an "actual or imminent large-scale influx" of illegal immigrants arriving at the southern border.
In his findings, Huffman asked for help from all 50 states to assist the federal government with immigration enforcement.
The Secretary of State determined that “situations exist in all 50 states that involve the enforcement of U.S. immigration laws and endanger the lives, property, safety, or welfare of residents.”
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Migrants deported from the United States stand on the El Chaparral pedestrian border bridge in Tijuana, Mexico, Tuesday, Jan. 21, 2025. (AP Photo/Felix Marquez)
"I have further discovered that there is an actual or imminent influx of foreign nationals at the southern border of the United States that is urgent and requires an immediate response from the federal government," he said. "Therefore, I am requesting assistance from state and local governments in all 50 states. ”
The award takes effect immediately and expires within 60 days unless extended. The 60 days will give officials time to deputize local and state law enforcement agencies to assist with immigration enforcement.
Some states, such as California, may delay efforts to assist federal immigration authorities. On Thursday, California Attorney General Rob Bonta said local and state law enforcement cannot be ordered to carry out federal immigration duties.
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This division shows what President Donald Trump and immigrants at the southern border are like. (Getty Images)
"Under longstanding Supreme Court precedent, it is well known that the U.S. Constitution prohibits the federal government from compelling states to enforce federal laws," Bonta said in a statement. "While the federal government can use its own resources for federal immigration enforcement, The court ruled in Printz v. United States that the federal government could not 'dedicate the services of police officers in all 50 states without incurring any cost.'"
The Las Vegas Metropolitan Police Department has also stepped up policies limiting cooperation with immigration authorities.
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"It's not my job. I have too much to do," LVMPD Sergeant Kevin McMahill recently told 8 News.
Additionally, the Justice Department is pushing federal prosecutors to investigate state or local officials who obstruct immigration enforcement.
In his findings, Hoffman noted that more than 8 million illegal immigrants have entered the United States through the southern border in the past four years, and millions more have evaded detection.
Migrants board a Border Patrol vehicle after crossing illegally and waiting to apply for asylum between the two border walls that separate 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, Border Patrol encountered 47,330 aliens along the southern border," the findings state. "While this number is significantly lower than the peak of the past four years, it is still too high. To prove the point, the Border Patrol released at least 6,920 aliens on the southwest border that month, the vast majority of whom were subject to mandatory detention."
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He cited "alarmingly high" numbers under the Biden administration, such as in December 2022, when border agents released at least 140,306 illegal immigrants at the southwest border.
"Whether that number is 140,000 or 6,000, this is not the way our immigration laws are supposed to work. Aliens who arrive at a port of entry or enter the country illegally should be inspected," Huffman said.
“Unless they have a “clear and unquestionable right to be admitted,” they should be detained until deportation or discretionary relief such as asylum.”
On the first day of the Trump administration, U.S. Immigration and Customs Enforcement (ICE) arrested hundreds of illegal immigrants, including those with violent criminal records.
In the 33 hours 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 multiple countries for sexual assaults, robberies, home invasions, Criminal records such as theft, aggravated assault, and drug offenses. as well as weapons offenses, resisting arrest and domestic violence.
While a variety of factors may be considered in determining the influx, the severity of the problem was enough to make the finding, Hoffman said.
"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 incentive for more foreigners to try to enter illegally," he said. “Second, the introduction of unvetted foreigners – at least some of whom will undoubtedly be criminals – has the potential to increase criminal activity.
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“The majority of illegal entries at our southern border involve other crimes, including human trafficking, drug smuggling and sexual assault,” he added. “Third, law enforcement agencies, particularly immigration enforcement agencies, face unusual and overwhelming requirements. In particular, immigration enforcement agencies currently face a shortage of detention capacity required to fulfill their statutory detention obligations.”