Intelligence Law Glossary - Immigration Emergency [HTML-Only]


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Immigration Emergency

Administrative Law

28 CFR § 65.81 [28 CFR PART 65—EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE: SUBPART I—Immigration Emergency Fund]

As used in this part:
[…]
Immigration emergency
means an actual or imminent 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 Immigration and Naturalization Service (“INS”) in the affected area or areas. 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.