Notice2026-05854
Finding of Mass Influx of Aliens
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 26, 2026
Issuing agencies
Homeland Security Department
Full Text
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<title>Federal Register, Volume 91 Issue 58 (Thursday, March 26, 2026)</title>
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[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Notices]
[Pages 14703-14705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05854]
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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 8399. On March
21, 2025, I extended the January 23, 2025, Finding of Mass Influx for
180 days (until September 17, 2025). My decision extending the Finding
of Mass Influx published in the Federal Register on March 25, 2025. See
90 FR 13622. On September 17, 2025, I extended the March 23, 2025,
Finding of Mass Influx for 180 days (until March 21, 2026). My decision
extending the Finding of Mass Influx published in the Federal Register
on September 22, 2025. See 90 FR 45396. 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
[[Page 14704]]
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 several years, our southern border has been
overrun. As noted in Proclamation 10888, Guaranteeing the States
Protection Against Invasion, from 2020 to 2024, ``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.'' DHS continues to encounter thousands of
aliens on a weekly basis attempting to enter the United States
illegally via the Southwest border.\2\
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\2\ Nationwide Encounters, U.S. Customs and Border Protection
(last modified Feb 19, 2026), available at <a href="https://www.cbp.gov/newsroom/stats/nationwide-encounters">https://www.cbp.gov/newsroom/stats/nationwide-encounters</a>.
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Second, at this time, the ability of DHS to control an influx of
aliens at the border has been hampered due to a federal court decision.
On August 1, 2025, the U.S. Court of Appeals for the District of
Columbia Circuit issued a decision partially staying an order from the
U.S. District Court for the District of Columbia enjoining the
implementation of Proclamation 10888, Guaranteeing the States
Protection Against Invasion, 90 FR 8333 (Jan. 20, 2025) (Invasion
Proclamation). See Refugee and Immigrant Center for Education and Legal
Services (RAICES) v. Noem, No. 25-5243 (D.C. Cir. Aug. 1, 2025).
Because of this decision, DHS no longer directly repatriates
apprehended aliens or relies upon expedited removal under INA Sec.
212(f), but rather must process aliens for expedited removal pursuant
to 8 U.S.C. 1225(b)(1). Given that DHS's use of the Invasion
Proclamation, which previously contributed to low border encounters
throughout much of 2025, has been limited, there is a continued need
for a finding of mass influx.
Third, as stated in the previous notices, 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 still do not allow for comprehensive and
rapid searching for foreign convictions or other public safety and
national security risks of recent arrivals. As a result, when numbers
at the border are such that DHS is effectively forced to engage in
catch-and-release practices which thwart legally mandated screenings,
there is a threat to public safety and national security. This does not
account for so-called gotaways, of which there have been millions over
the last several years, who are not screened in any manner.
In addition, increased enforcement efforts in the interior have
resulted in large numbers of aliens in custody. Many of these aliens
are applicants for admission who are subject to mandatory detention
pending removal proceedings under the INA. 8 U.S.C. 1225(b)(2)(A); see
Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) (holding that
immigration judges lack authority to hear bond requests or grant bond
to aliens present in the United States without admission and in removal
proceedings, based on the plain language of 8 U.S.C. 1225(b)(2)(A)).
As mentioned in the prior findings of mass influx, without controls
in place at the border to stem the influx, DHS loses its capacity to
hold all aliens as required by the INA. See, e.g., 8 U.S.C. 1225(b). As
of March 12, 2026, ICE has a detention population of 63,482, with a
maximum capacity of 78,0000. ICE's facilities are currently nearly at
81% occupancy, and ICE's priority for detention space is removing
aliens with criminal records, public safety risks, and national
security risks. Similar to the explanation provided in the March and
September 2025 Notices, should this finding not be extended, ICE would
be hampered in this critical effort and be unable to detain a large
number of aliens at the Southwest border despite these aliens being
subject to mandatory detention. Additionally, should this finding not
be extended, ICE would be required to use bed space on detaining some
of these aliens apprehended at the Southwest Border at the expense of
its interior enforcement priorities, which are designed to enhance and
promote public safety.
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. Between FY 2021 and FY 2023, ICE removed 158,931 aliens with
criminal convictions or pending criminal charges. Between September 1,
2025, and March 11, 2026, ICE removed 128,889 aliens with criminal
convictions or pending criminal charges, 663 known or suspected
terrorists, and 2,847 gang members. Assuming that the crime rate of
aliens has remained unchanged over the year, this 67% decrease (in
removals) between FY 2019 and 2021 and FY 2021 and 2023 suggests that
tens of thousands of criminal aliens remain in the United States. Even
if ICE were to continue to remove aliens at the same levels through the
rest of this fiscal year, it would still fall short of the total number
of aliens removed between FY 2017 and FY 2019, indicating the large,
continued presence of criminal aliens in the United States. Where there
is an increase in criminal aliens, there is likely to be an increase in
criminal
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activity. This once again shows that ICE needs to continue to
prioritize the need to remove criminal aliens rather than divert
resources to detain aliens recently apprehended at the Southwest
border.
Furthermore, there continues to be significant criminality present
at the Southwest border. In January 2026, U.S. Customs and Border
Protection's (CBP's) Office of Field Operations (OFO) and U.S. Border
Patrol (USBP) encountered 399 criminal aliens. OFO made 788 criminal
arrests, and USBP had 25 gang apprehensions. USBP referred 285
smuggling events for prosecution, and OFO referred 233 events for
criminal prosecution. Officers and agents seized 16,528.65 pounds of
illicit narcotics, including 767.16 pounds of deadly fentanyl. Officers
and agents also seized 56 firearms and 42,849 rounds of ammunition, as
well as $808,223.72 in currency. These numbers are only likely to
increase if encounter numbers increase.
Fifth, there have been high, unusual, and overwhelming demands on
law enforcement officers and agencies, which continue to present
significant danger to officers and agents. For example, in January
2026, CBP records indicate that 74 CBP officers/agents were assaulted.
Even while encounter numbers were lower than average in January 2026,
officers and agents at the border have consistent threats against them,
and there are still too many assaults and use of force incidents on
officers and agents. ICE records indicate that aliens assaulted or used
force against 182 ICE Enforcement and Removal Operations (ERO) officers
from the period of September 2025 to February 2026, representing an
average of 30 per month. In February 2025, ICE records indicated that
aliens assaulted or used force against 10 ICE ERO officers. This 300%
increase indicates the increasing risk that ICE ERO officers face as
they seek to arrest and detain aliens that entered during periods of
loose border restrictions.
Additionally, there remains 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 March 13, 2026, there
are 1,526,800 aliens on the ICE non-detained docket with final orders
of removal. This number will only increase should this finding not be
extended.
Between September 1, 2025, and March 11, 2026, ICE arrested 135,395
aliens with criminal convictions or pending criminal charges. Of these,
565 were known or suspected terrorists, and 3,193 were suspected gang
members. Failure to extend this finding will impede the ability of ICE
to properly enforce immigration laws and focus on public safety risks.
On the basis of the above facts, I find that these circumstances
continue to 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 (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''). Given that Congress directed DHS to prevent all unlawful
entries, the thousands of aliens that DHS continues to encounter on a
weekly basis attempting to enter the United States illegally via the
Southwest border is an influx. Therefore, I 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.
Dated: March 21, 2026.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2026-05854 Filed 3-25-26; 8:45 am]
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</html>Indexed from Federal Register on March 26, 2026.
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