Trump Administration to Extend ‘Mass Influx’ Emergency, Maintaining Expanded Immigration Authorities
Since Trump resumed office in January, U.S. Immigration and Customs Enforcement has apprehended over 32,000 undocumented immigrants and deported nearly 30,000.
The Department of Homeland Security (DHS) has officially extended its classification of a “Finding of Mass Influx of Aliens,” a legal status that grants enhanced immigration enforcement powers nationwide and continues to engage state and local law enforcement in combating illegal immigration.
The renewed declaration—scheduled to appear in the Federal Register on March 25—prolongs the emergency authority originally initiated on January 23, shortly after President Donald Trump’s second inauguration.
This extension enables the DHS to sustain collaboration with local agencies under federal law provisions, allowing non-federal officers, such as local police, to assist in federal immigration enforcement amid periods of significant 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 that necessitate an immediate federal response,” stated Homeland Security Secretary Kristi Noem, who formally sought the backing of state and local governments across all 50 states.
Noem stressed that maintaining the emergency designation is crucial for controlling illegal immigration levels. She warned that without it, border crossings are likely to spike again before DHS can regain operational control.
This action reinforces Trump’s campaign promise to initiate the largest deportation operation in U.S. history, targeting individuals who entered the country unlawfully during the Biden administration. The DHS notice points to at least 8 million illegal crossings over the past four years and cautions that “countless millions more” likely avoided detection.
The Numbers
Estimates on the total number of undocumented immigrants in the United States differ widely. The DHS estimated the undocumented population at 11 million as of January 2022. The Center for Immigration Studies recorded the figure at 12.3 million in a May 2023 report, while the Federation for American Immigration Reform (FAIR) provided an estimate of 16.8 million in June 2023.
Since Trump’s return to office in January, ICE has apprehended 32,809 undocumented immigrants and deported 29,033, according to data referenced in the DHS announcement.
Among those arrested, 14,111 had prior criminal records, 9,980 had pending criminal charges, 1,155 were confirmed gang members, and 39 were identified or suspected terrorists.
The increase in enforcement has put pressure on detention facilities. As of March 13, ICE held 47,372 detainees, which is nearly 87 percent of its maximum capacity of 54,500 beds.
“ICE’s priority for detention space is the removal of aliens with criminal histories, public safety threats, and national security risks,” the DHS notice indicates. “Failure to extend this finding would hinder ICE in this vital endeavor.”
Access to Sensitive Locations
In January, Acting Homeland Security Secretary Benjamine Huffman revoked the 2021 guidance that prohibited immigration arrests at “sensitive locations” like schools, churches, food banks, and shelters. Huffman noted that the old policy allowed criminals to exploit these safe spaces to avoid capture.
However, following a legal challenge, a federal court issued a preliminary injunction at the end of February and a protective order in March, significantly limiting ICE operations in or near places of worship.
Moreover, the Department of Justice (DOJ) issued a directive in January that permitted ICE officers to conduct arrests within immigration court facilities, reversing a restriction from the Biden administration.
The Trump administration has additionally reassigned personnel to achieve enforcement goals, diverting agents from ICE’s investigative division, the IRS, the State Department, and the DOJ to support field arrests and criminal investigations.
Criminal Organizations
The administration has also focused on foreign criminal organizations. Recently, the State Department designated Venezuela’s Tren de Aragua criminal network and seven other gangs and cartels as foreign terrorist organizations. These designations enhance the federal government’s ability to freeze assets, impose financial sanctions, and deny visas to individuals associated with these groups.
Tren de Aragua has become central to Trump’s immigration and national security agenda. On March 15, the president invoked the Alien Enemies Act of 1798—a seldom-used wartime statute—labelling gang members as “alien enemies” collaborating with the Venezuelan regime. This proclamation allows for immediate arrest and deportation without standard due process, a move that has faced legal challenges.