Bipartisan bill unveiled by Senators to strengthen asylum and border laws
WASHINGTON — Senators released the long-awaited text of a bipartisan deal to strengthen immigration and asylum laws Sunday, as Senate Majority Leader Chuck Schumer considers votes on the package this week.
The $118 billion package includes several provisions aimed at reducing record crossings at the southern border and tightening an asylum system overwhelmed by migrants fleeing their homes to seek refuge. It also includes crucial aid to Israel, Ukraine and Taiwan, which Republicans have said they support only if paired with significant new restrictions on immigration to the United States.
The deal, reached by Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.), would be the most sweeping bill yet on border security and decades-old migration overhaul if passed by Congress. It would raise the standard for obtaining asylum, remove those who don’t meet the criteria and expedite cases for those who do.
“The Senate’s bipartisan proposal is a monumental step forward to strengthen America’s national security abroad and along our borders,” Schumer said in a statement. “This is some of the most necessary and important legislation Congress has introduced in years to ensure America’s future prosperity and security. »
However, the deal is mired in electoral politics, and it is unclear whether it has the support needed to pass in the Senate, where it will need at least 60 votes to defeat a guaranteed filibuster. Conservative senators are rallying against the deal, encouraged by former President Donald Trump, who called on Republicans to reject it if it isn’t “perfect.” He also falsely claimed the bill would allow 5,000 illegal border crossings per day, seeking to use the border chaos as a political weapon in a likely 2024 rematch against President Joe Biden, who quickly approved the bill. of law.
Changes to asylum and immigration laws
The bill includes new emergency authority that would allow the Department of Homeland Security (DHS), as Biden put it, to “shut down” the border if there are too many migrants trying to cross.
DHS could close the border if Border Patrol encounters 4,000 or more migrants on average over a seven-day period. The border would have to be closed if these encounters reached an average of 5,000 over seven days or if they exceeded 8,500 in a single day.
The border could not be closed under this authority for more than 270 days in the first year. Additionally, the bill would give the president the authority to suspend a border closure “on an emergency basis for 45 days if it is in the national interest.”
During an emergency closure, the Border Patrol is still expected to process at least 1,400 migrants attempting to enter legally at ports of entry. Only unaccompanied minors would be able to cross between points of entry. And any migrant who attempts to cross illegally two or more times during a border emergency would be barred from entering the United States for a year.
This “consequence,” Sinema said, represents “a key difference between the use of Title 42 and our new authority at the border.” This will create disincentives for people seeking to cross the country illegally while the border is closed. »
The bill would also end the practice of “catch and release.” If passed, it would allow migrants who arrive at the border through legal ports of entry and families to enter the United States under federal supervision for 90 days while they undergo asylum interviews. Those who pass would receive work permits while their applications are adjudicated. Those who fail would be expelled from the United States and repatriated to their home countries or Mexico.
The bill would require the detention of migrants who attempt to enter the United States outside official ports of entry, pending any asylum applications. Those who fail would also be expelled.
The bill allocates funds for up to 77 repatriation flights per day.
Current and former DHS officials told NBC News that the emergency closure provision in the bill would cause chaos and may not be effective unless Mexico agrees to take in more turned-back migrants the United States. The bill does not include further cooperation from Mexico.
The bill also raises the “credible fear” standard in asylum interviews, largely by considering beforehand whether migrants have disqualifying criminal histories, whether they have lived safely in third countries before attempting to cross into the United States and whether they can safely travel within their own country.
The bill does not address the children of undocumented people, known as “Dreamers,” a longtime Democratic priority. It would change immigration laws to allow children of people with H-1B visas to obtain work authorizations and freeze their legal ages while waiting for green cards, rather than face deportation once they reach the age of 21. During the wait, these children could have work authorizations. The changes would affect about 250,000 children in the United States, Sinema aides said in a call Sunday evening.
The bill would also provide a pathway to conditional and legal permanent residency for verified Afghan nationals who were admitted or cleared under July 2021 admission. Afghan allies, many of whom have worked directly with U.S. forces during war, and their families would be exempt from immigration quota limits and could apply for naturalization.
And the bill would add new flexibilities for U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and Customs and Border Patrol to hire staff, seeking to address staffing shortages. The changes to recruitment powers are all due to expire within the next few years and are expected to be renewed.
Billions in aid
Defense and foreign policy hawks on Capitol Hill hope the immigration deal will unlock billions of dollars in military and foreign aid that have been languishing because of Republican demands in the House.
A large portion of the security package — slightly more than $60 billion — would be devoted to supporting Ukraine in its defense against Russian invasion. This includes funding for things like military training, intelligence sharing, and the resupply of military weapons and equipment.
More than $14 billion will fund security assistance for Israel following the deadly October 7 attack by Hamas terrorists, while $10 billion in humanitarian aid will help provide things like food, water, shelter and medical care to Gaza and West Bank civilians affected by the war there.
Two days after Biden launched airstrikes against Iranian-backed targets in the Middle East in retaliation for the deaths of three U.S. service members, congressional leaders also included $2.44 billion to support U.S. Central Command operations and pay combat expenses related to the Red Sea conflict.
The legislation also reflects the United States’ decision to suspend funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East following Israel’s allegations that at least 12 of its employees participated in or aided in the October 7 attack.
“It was a very contentious part of the bill. … At the end of the day, that’s where we are with the ban,” a Senate Democratic aide said. “But we continue to move forward with resources and we try to make sure they get on the ground as soon as this thing is signed into law.” »
Sell the deal
“It will make our country safer, make our border more secure, treat people fairly and humanely while preserving legal immigration, consistent with our values as a nation,” Biden said in a statement Sunday. “This would give me, as president, new emergency authority to close the border when it becomes overwhelmed. I urge Congress to come together and quickly pass this bipartisan agreement. Bring it to my desk so I can sign it immediately. »
Lankford, the lead Republican negotiator, touted the asylum and immigration changes in the bill.
“The border security bill will put many of the new enforcement tools in the hands of a future administration and push the current administration to finally stop the illegal flow,” he said in a statement. communicated. “The bill provides funds to build the wall, increase technology at the border and add more detention beds, more agents and more deportation flights. The Border Security Bill ends the abuse of conditional admission at our southern border, which has granted entry to more than a million people. It radically changes our ambiguous asylum laws by providing rapid screenings at a higher standard of proof, with limited appeals and rapid deportation. »
Senate Minority Leader Mitch McConnell (R-Ky.) praised the bill for providing “direct and immediate solutions to the crisis at our southern border.” He added that America’s sovereignty “is being tested here at home” and adversaries are watching.
“The challenges we face will not solve themselves, and our adversaries will not wait for America to muster the will to confront them,” he added in a statement. “The Senate must carefully consider the opportunity before us and prepare to act. »
Schumer said he had “never worked more closely with Leader McConnell on a bill than we did on this one.” »
“On many occasions we thought the negotiations had failed, but we knew it was too important to give up and we persisted and now we have reached this agreement,” he said.
Sinema advocated for immigration changes on Sunday.
“We won’t have people just coming into the country and maybe being able to appear in court in the next seven or 10 years,” she said Sunday on CBS’ “Face the Nation.” “Instead, we will deliver justice quickly. People who qualify for asylum will begin a new chapter – six months or less – to begin a new life in America. And those who don’t fulfill the criteria They will be quickly returned to their countries of origin. »
The package also includes bipartisan benefits, including the FEND Off Fentanyl bill, which would target, sanction and block the financial assets of those involved in the fentanyl supply chain, from chemical suppliers in China to drug traffickers in Mexico. The anti-fentanyl bill is authored by Senate Banking Committee leaders Sherrod Brown (D-Ohio) and Tim Scott (RS.C.) and has the support of 67 senators.
Right-wing Senate Republicans criticized the deal for not going far enough. The bill could also lose support from some progressives and members of the Hispanic Caucus, who fear Democrats are conceding too much and complain they have been left out of negotiations.
“Whenever it comes to this topic of immigration, no matter who the president is, they always lean toward more strictness,” said Rep. Raúl Grijalva (D-Ariz.), a member of the Hispanic Caucus and former leader of the Progressive Caucus. “A lot of Democrats will be in a tough spot when this comes, and if the Republicans here don’t support it, it will never see the light of day. »
Sen. Alex Padilla (D-Calif.) said the deal “misses the mark” in part because it “does not provide relief to Dreamers, farmworkers and other long-term undocumented residents of our country who contribute billions to our economy, work in essential jobs, and make America stronger. »
Progressive Caucus Chairwoman Pramila Jayapal (D-Wash.) said she was still reviewing the bill but added that the emergency border closure provisions would “reject asylum seekers without due process.” , an advantage for cartels that prey on migrants. For migrants who can apply for asylum, they would now be subject to unrealistic standards and deadlines to submit their asylum claims, forcing too many people to return to certain death, discrimination, or other harm. »
Perspectives in the House
The package could have trouble passing the House. During his inaugural address last week, devoted entirely to border security, House Speaker Mike Johnson (R-La.) criticized the emerging bill in the Senate for not going far enough to stop the illegal immigration: “This so-called deal does not include the transformational policy changes needed to truly end the border disaster,” he said.
House Majority Leader Steve Scalise (R-La.) was more blunt. “Let me be clear: The Senate border bill WILL NOT receive a vote in the House,” he wrote, repeating an inaccurate Republican argument that the bill would allow 5,000 people to cross the border illegally every day.
Johnson announced Saturday that the House would vote in the coming week on a standalone aid bill for Israel, without border provisions or funding for Ukraine.
Sen. Markwayne Mullin (R-Okla.), who served in the House with Johnson and discussed the border deal with him last week, admitted it’s a politically sensitive issue for Republicans during an election year and that he likely does not have the support of a majority of the 219-member House GOP conference.
“Here’s the problem the president has: He can’t bring a bill to the House without a majority of the majority. At this point, it’s very difficult to say that the House has the majority of the majority to bring it to the floor,” Mullin told reporters after meeting with Johnson. “A lot of people are running for re-election, and the perception of the American people is that it’s bad. So it’s really difficult to get ahead of him. »
There are other challenges in the House as well. As Johnson faces pressure from his right wing, House Republicans are preparing for a floor vote to impeach Homeland Security Secretary Alejandro Mayorkas, one of the administration officials who met with senators when they crafted the new immigration deal. House Republicans accuse him and Biden of failing to enforce immigration laws and secure the southern border.
“No president in the history of our country has ever done as much intentional harm to the United States as the president did with the border invasion,” said Rep. Bob Good (R-Va. ), the leader of the far-right group Freedom Caucus, whose members actively pushed for impeachment.
Senators unveil bipartisan bill to impose tougher asylum and border laws (msn.com)
