Immigration & Visas · Notice
DHS extends its ‘mass influx’ finding for 180 days
DHS renewed its mass influx finding for 180 days and asked all 50 states for help. It files no forms and changes no application; here is what it does.
The Department of Homeland Security has renewed, for another 180 days, its finding that a mass influx of aliens is arriving at the southern border, and has again asked State and local governments in all 50 States for help. The notice, signed by Secretary Markwayne Mullin, was published in the Federal Register on September 21, 2026.
It is a finding and a request, not a rule. It creates no form to file and changes no application, fee or deadline. What it does is keep in place the legal footing DHS uses to ask State and local governments to assist with immigration enforcement.
What a finding of mass influx does
The Immigration and Nationality Act, at 8 U.S.C. 1103(a), says that when there is a mass influx of aliens off the coast or at a land border, the Secretary may authorize a State or local law enforcement officer, with the consent of the officer’s superiors, to perform the duties of an immigration officer. A Justice Department regulation, 28 CFR 65.83, lets the Secretary request help from a State or local government when the administration of the immigration laws endangers the lives, property, safety or welfare of its residents, and defines an “immigration emergency” as an actual or imminent mass influx too large for DHS to handle with its existing capabilities.
This notice finds both: that such circumstances exist for the residents of all 50 States, and that a mass influx is arriving at the southern border and calls for a continued federal response. It then requests assistance from State and local governments in every State.
The notice does not name any agency, officer or agreement. It does not itself give any local officer immigration powers. That happens through separate consent and written agreements, such as the 287(g) program ICE runs, which is a different legal route. ICE’s own page says that as of September 18, 2026 it had signed 2,539 agreements covering 39 states and two territories, and publishes the list of participating agencies.
Why DHS says it is needed
DHS gives five reasons, and every number below is DHS’s own, taken from the notice:
- Border encounters continue. DHS says it still encounters thousands of people a week attempting to cross illegally at the Southwest border.
- A court ruling limits it. On August 1, 2025 the D.C. Circuit partly stayed an order against the January 2025 proclamation on invasion, but the district court’s holding that DHS cannot directly repatriate people under section 212(f) and must use expedited removal remains in effect, and a merits panel upheld it in April 2026. DHS says this still limits how it can carry out the proclamation.
- Detention capacity. As of August 12, 2026 ICE held 67,022 people in detention against a maximum capacity of 80,700, 83 percent occupancy, and DHS says a lapse in the finding would force ICE to use beds for border arrivals at the expense of interior enforcement.
- Criminal activity. DHS cites ICE removals of people with criminal convictions or pending charges, 215,447 between October 1, 2025 and August 11, 2026, and says CBP and Border Patrol encountered 353 criminal aliens in July 2026. Between March 1 and August 11, 2026 ICE arrested 214,992 people, of whom DHS says 121,055 had convictions or pending charges, 452 were known or suspected terrorists and 2,700 were suspected gang members.
- Strain on officers. DHS says 22 CBP officers and agents were assaulted in July 2026, that people assaulted or used force against 231 ICE enforcement officers from February to the end of July 2026, and that 2,120,058 people with final removal orders were on the ICE non-detained docket as of August 11, 2026.
These are the government’s characterizations and statistics. The notice does not give methods or comparison data beyond what is quoted, and this page does not vouch for them.
The finding’s history
The finding has been renewed every six months since it was first issued:
- January 23, 2025: the Acting Secretary issues the first finding, effective immediately for 60 days (90 FR 8399).
- March 21, 2025: Secretary Noem extends it for 180 days (90 FR 13622).
- September 17, 2025: extended again for 180 days (90 FR 45396).
- March 21, 2026: extended again for 180 days, to September 17, 2026 (91 FR 14703).
- September 21, 2026: this notice extends it for another 180 days, effective immediately. It can end sooner if DHS finds circumstances have changed and publishes that finding.
What it means for you
For most readers, nothing changes today. Nobody has to respond, and it does not alter how USCIS handles an application; for that, see the asylum referral rule and the desk’s processing times. Whether a particular sheriff’s office or police department acts on the request depends on its own agreements and its own leadership, which are set locally.
What to do
- There is nothing to file or claim. The notice is a finding and a request for assistance from State and local governments; it does not change any immigration application, fee or deadline. federalregister.gov
- To see whether your county or city police or sheriff has a written agreement with ICE under the separate 287(g) program, use the participating-agencies list on ICE’s 287(g) page. ice.gov
- If you have a pending case, keep following its own status page and notices; this finding does not touch how USCIS decides applications. egov.uscis.gov
Questions readers ask
- What is a “finding of mass influx”?
- A determination by the Secretary of Homeland Security under 8 U.S.C. 1103(a)(10) and 28 CFR 65.83 that an actual or imminent mass influx of aliens is arriving off the coast or at a land border, or that circumstances endanger the residents of a State. It lets DHS ask State and local governments for help, and lets the Secretary authorize their officers, with their superiors’ consent, to perform immigration officer duties.
- Does this mean local police can now enforce immigration law?
- Not by itself. The notice makes the finding and requests assistance from State and local governments in all 50 States. It does not name any agency or officer, and the statute requires the consent of an officer’s superiors before the Secretary can authorize the officer. Separate written agreements, such as those under the 287(g) program, are how ICE delegates immigration functions to particular local agencies.
- How long does the finding last?
- The notice says it is effective immediately and expires in 180 days. It may expire sooner if the Secretary finds that circumstances have changed, and DHS says any such finding would be published in the Federal Register.
- Has it been extended before?
- Yes. The Acting Secretary issued the first finding on January 23, 2025, for 60 days. Secretary Noem extended it for 180 days on March 21, 2025 and again on September 17, 2025, and extended it on March 21, 2026 to September 17, 2026. This notice extends that finding for another 180 days.
- What reasons does DHS give?
- DHS says its agents still encounter thousands of people a week at the Southwest border; that a federal appeals court ruling limits how it can use the January 2025 invasion proclamation; that ICE detention is at 83 percent of capacity; and that assaults on officers and criminal activity remain high. Every figure is DHS’s own, from the notice, and FactFiled has not independently checked them.
How we reported this
Built from 3 primary documents linked in the Source Card. Every number was copied from the document, not from another outlet.
This page describes public documents and agency procedures. It is not legal advice, and FactFiled has no attorney on its review panel; the editor checked the page against the documents it cites. For a decision about your own case, use the official source linked above or consult a lawyer.
Written by Mirza Seraj Baig · Checked against the documents in the source card (editorial standards).