5. Department of Homeland Security · Notable
Let the Secretary waive Title 8 requirements during a mass migration event
Printed page 152 5. Department of Homeland Security
“Provide that notwithstanding any other provision of law, when the Secretary makes such a determination and then promulgates, subject to the approval of the President, such rules and regulations, the Secretary shall have the authority to waive all legal requirements of Title 8 that the Secretary, in his or her sole discretion, determines are necessary to avert or curtail the mass migration.”
What has happened
- Not started
Nothing has given the Secretary authority to waive requirements of Title 8. The nearest attempt went the other way: the executive's claim that a proclamation could displace the INA's asylum and removal procedures was vacated in RAICES v. Noem and the vacatur affirmed by the D.C. Circuit on 2026-04-24, which held that the power to suspend entry does not carry the power to set aside the statute's procedures for people already here. The one waiver authority DHS does exercise - section 102 of IIRIRA, used for border-barrier construction - waives environmental and land-management law, not Title 8.
Research log
What was searched, and what didn’t count as evidence
Research notes
One negative search covered this ask with the others on pages 151–158 of Chapter 5.
The Quote asks that the Secretary be able to waive “all legal requirements of Title 8” in his or her sole discretion during a mass migration. No executive order, rule or statute in the window creates such an authority. The contrary judicial holding is attached to the not started event, so that the record shows what actually happened.
Sibling ask: #378 (the halt-and-expel authority) is blocked on the same litigation, because there the executive did assert and act on the power before it was struck down. Here nothing was ever asserted.
- Action
- create
- Object
- Secretary's Title 8 waiver authority
- ID
- 379