Overview
Benjamine C. Huffman served as acting secretary of Homeland Security at the beginning of the second Trump administration. On January 21, 2025, he signed a notice that substantially widened the categories of noncitizens in the United States subject to expedited-removal processing, within the relevant statute.
Named authorizing official
The January 24, 2025 Federal Register publication lists Huffman as acting secretary and the signatory of the January 21 notice. The notice rescinded a 2022 limitation and designated additional categories of people subject to expedited removal. It is a specific implementation action, not a proposal. [1]
Connection to earlier governing proposal
Ken Cuccinelli's 2023 Project 2025 Homeland Security chapter supported fuller use of expedited removal. Huffman's signed designation and the blueprint are substantively aligned. The notice does not attribute its private drafting to Cuccinelli or Stephen Miller. [2]
Judicial review
The D.C. Circuit's June 23, 2026 published opinion identifies Huffman as the signing acting secretary and permitted the expanded designation after vacating a stay; that ruling does not resolve every possible challenge to individual removals. [3]
Sources
- Federal Register 90 FR 8139 — Jan. 21 signed DHS designation, published Jan. 24, 2025
- 2023 Project 2025 original book, DHS chapter authored by Ken Cuccinelli
- D.C. Circuit, Make the Road New York v. Mullin, June 23, 2026
Evidence principle: Published proposal, appointment, document signature, agency action, and judicial ruling are different facts. A named relationship alone does not establish misconduct or authorship of another official's decision.