The American Immigration Council writes that “In 1996, Congress passed a law giving the federal government the power to declare an emergency relating to a “mass influx” of migrants. When this emergency provision is enacted, the government can both disburse funding to states and localities dealing with the “influx” and delegate authority to local law enforcement agents in those areas to enforce some aspects of federal immigration law. In other words, local police officers around the country could be enabled under this law to carry out the functions of a federal immigration officer.

On January 23, 2025, the law was invoked for the first time. Acting Homeland Security Secretary Benjamine C. Huffman declared a “mass influx” affecting the entire United States for at least 60 days, authorizing the Department of Homeland Security to deputize local law enforcement to conduct immigration enforcement in all 50 states.”

Further:

The majority of arrests by ICE involve cooperation with local police forces. This makes building on this cooperation a potentially powerful tool for arresting persons on the basis of being unauthorized to be in the U.S.

A key distinction exists between the “Mass Influx” provision (103(a)(10)) and the better-known 287(g) program. The 287(g) program, which has been used for years, allows local law enforcement to cooperate in immigration enforcement but mandates formal training and does not offer significant financial compensation. In contrast, the 103(a)(10) provision provides federal funding to local agencies, making it a more attractive option for law enforcement agencies seeking additional resources.

It needs to be noted that pretty much any person who has been in the U.S. for at least two years cannot be subject to “expedited removal” but rather has access to immigration court review, and the immigration courts are backed up for years. DHS will undoubtedly try to get around this.

And the decision to invoke this law raises several concerns. The involvement of local police in immigration enforcement has historically resulted in increased racial profiling, particularly against Latino communities, including U.S. citizens. Additionally, using local law enforcement for immigration enforcement may divert resources away from public safety efforts, including investigations of violent crimes. Immigrant communities may also become less likely to report crimes due to fear of deportation, undermining overall public safety.