    [Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
    [Notices]
    [Pages 14703-14705]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [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 https://www.cbp.gov/newsroom/stats/nationwide-encounters.
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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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