For the first time since its passage in 1996, the federal government has invoked a law allowing local law enforcement nationwide to act as immigration agents. On January 23, 2025, Acting DHS Secretary Benjamine C. Huffman declared a "mass influx" of migrants, unlocking emergency powers that had remained unused—even during the Biden administration, which claimed it was doing everything possible to secure the border.
What Does This Mean?
The 1996 law allows the government to:
Disburse funds to states handling large numbers of migrants.
Authorize local law enforcement to enforce federal immigration laws.
The Biden administration had this tool at its disposal but never used it, despite record-high border crossings. In contrast, this new declaration enables DHS to deputize state and local law enforcement to make immigration arrests, detain individuals, and even initiate removal proceedings.
Key Differences from Previous Programs
While some states already cooperate with ICE under the 287(g) program, the mass influx provision:
Waives mandatory training for deputized officers, unlike 287(g).
Provides federal funding for participating agencies.
Potentially expands local authority, though legal challenges may arise.
Concerns and Challenges
Public Safety & Community Trust
Increased immigration enforcement by local police may erode trust in law enforcement, discouraging crime reporting in immigrant communities.
Shifting local resources to immigration enforcement could impact other policing priorities.
Legal & Logistical Issues
Local agencies may lack the facilities and expertise to handle immigration cases.
The full scope of local authority under this provision remains unclear and could face legal hurdles.
What Happens Next?
As of January 27, no formal agreements between DHS and local law enforcement have been made public. However, several states, including Florida, have signaled their intent to participate. Whether this move withstands legal scrutiny or becomes a new standard in immigration enforcement remains to be seen.
This declaration raises critical questions: If the Biden administration truly believed it had done everything possible to secure the border, why did it never use this authority? The coming months will reveal whether this decision marks a turning point or another bureaucratic battle in the immigration debate.
