Senate negotiators unveiled a comprehensive bipartisan deal on Sunday aimed at addressing the perceived “security crisis” at the southern border and curbing the influx of up to 10,000 migrants daily from various countries worldwide.
The extensive set of reforms outlined in the proposal intends to grant Customs and Border Patrol agents “operational control” by expediting asylum claim adjudication and empowering President Biden and future presidents to close the border if daily crossings exceed 4,000.
The multifaceted deal encompasses key provisions such as heightened border emergency authority, the end of “catch and release” policies, the elimination of immigration court backlogs, reforms to the asylum process, work authorizations for migrants, new hiring authority for the Department of Homeland Security (DHS), addressing the fentanyl crisis, and increased resources for cities absorbing migrants.
Senate’s Border Security Agreement (Credits: Axios)
Additionally, the deal includes a pathway to permanent legal status for Afghan nationals who supported U.S. troops during the extended war.
The proposed legislation grants DHS the temporary authority to expel migrants when daily crossings surpass specified thresholds.
If the daily average reaches 4,000, the border can be closed to migrants without appointments for seeking asylum, and if it reaches 5,000, the border must be closed until all encountered migrants are processed. Migrants attempting to cross during closures will face a one-year ban.
To end “catch and release,” the deal mandates the detention or supervision of all border-processed migrants, discontinuing the use of parole at or between entry points. While narrowing the president’s parole authority, certain exceptions for migrants from Ukraine and Cuba remain intact.
To eliminate immigration court backlogs, the proposal shifts asylum claim adjudication from immigration courts to specialized U.S. Citizenship and Immigration Services (USCIS) officers, aiming for a six-month assessment period.
The legislation allocates $3.99 billion to USCIS for personnel, facilities, and operational needs, facilitating the hiring of 4,338 asylum officers.
The deal raises the initial asylum screening standard, consolidates multiple screenings into a single interview, and ensures work authorizations for migrants with positive asylum determinations. An additional 250,000 family and work visas will be distributed over the next five years.
The legislation grants DHS the authority to hire personnel efficiently to secure the border, expedite asylum processing, and ensure rapid protection determinations within three months.
Funding allocations include $6.8 billion for Customs and Border Protection, $7.6 billion for Immigration and Customs Enforcement, and $3.99 billion for Citizenship and Immigration Services.
To combat the fentanyl crisis, the package incorporates the FEND Off Fentanyl Act, requiring the president to sanction criminal organizations involved in fentanyl trafficking. Additionally, $1.4 billion in aid is designated for organizations assisting migrants and supporting city governments and non-profits providing essential services.
The bipartisan deal seeks to address multifaceted challenges at the southern border while offering pathways to legal status for Afghan allies, aiming to strike a balance between security measures and humanitarian considerations.
