In the Name of Allaah, the Most Merciful: May He raise the rank of His honest and noble Messenger, and grant him peace.
Regarding the ruling on making Hajj without a "Hajj pass" from the authorities:
1) A "Hajj pass", or permission from the authorities is a not required element of the Hajj in and of itself, as an act of worship.
2) The leaders in charge of the Hajj, the Saudi Government, are responsible before Allaah to facilitate Hajj for the people, organize it, and keep it a safe event.
3) In modern times, with the forms of transportation that we have, we face a dilemma that was not faced in the past: overcrowding at Hajj, harmful overcrowding that leads to physical harm and death, not only by the crowds themselved, but by the lack of resources to care for millions of pilgrims, like hospitals, medicines, food, transportation, etc. So a need has arisen to limit the number of people who make Hajj to keep it safe. This has been instituted by the Saudi Government, through the issuance of Hajj passes.
4) It is obligatory to obey the Muslim leaders in all permissible affairs. This "Hajj pass" is part of a rule that has been implemented to keep the pilgrims safe, so Muslims must fear Allaah and be absolutely sure that they cooperate with their leaders and refrain from making Hajj without a "Hajj pass".
Allaah says, what means, "O you believe! Obey Allaah and obey the Messenger, and also your own leaders."
Muslims who take this issue lightly or oppose this position must be reminded that Hajj is a great act of open obedience to Allaah, that can only be accepted by Allaah when it is sincerely done for him and in accordance with His rulings. Muslims must not combine acts of disobedience with their Hajj! It must be purely for Allaah and done in devout obedience to Him to be valid, may Allaah help us all.
5) This is clearly the case for the one performing an optional Hajj, meaning he has already offered a valid Hajj. He must be patient and wait for another chance. However, there is a possibility that a fatwaa (specific judgment) could be sought for someone who has not made Hajj before, with the condition that he feels certain that this year is his only chance to make Hajj, meaning he does not believe that he will be able to make Hajj after this year. I am not saying it is permissible in this case, but a person in this position should ask the people of knowledge about his specific situation and obtain a fatwaa about his case. This is because there is a clash here between the specific obligation on him to perform Hajj when he is able and the general obligation to obey the Muslim leaders.
Important: Do not give your own self a fatwaa that allows you to disobey Allaah’s Book! Rather, be patient and ask the people of fatwaa (the scholars) about your case specifically.
6) All forms of deception must be avoided! It is common that people (without Hajj passes who live in KSA) entertain the idea of intentionally entering Makkah without ihraam to avoid detection and then slaughtering a sacrifice to attone for it! Why would a Muslim begin his Hajj with violations of the rules of Hajj?! We must fear Allaah and know that Allaah will give us the FULL, COMPLETE reward for a Hajj if we truly intended it and were prevented.
And Allaah knows best.
Moosaa ibn John Richardson