What’s in the Senate’s $20 billion immigration deal: Amnesty or border crackdown
Senate Releases Bipartisan Border Compromise
The Senate leadership has unveiled a long-awaited bipartisan compromise on border security, following months of intense negotiations. The text of the deal, released on Sunday evening, provides detailed information that will determine the level of support the bill receives in the Senate. The package, which is part of a larger national security supplemental, is set to be considered as early as Wednesday.
The negotiations surrounding the deal have been highly controversial, with leaks threatening to derail the legislation before it was even made public. The bill has been described as both an amnesty and the toughest border security legislation in the last thirty years. However, the actual contents of the deal, which comes with a hefty $20 billion price tag, are what truly matter.
Title 42-like Authority
The centerpiece of the legislation is a new expulsion authority for the president, granting him the power to turn away immigrants during periods of increased border crossings. This authority becomes mandatory when crossings reach a certain threshold, ensuring that the border can be shut down when overwhelmed. Critics argue that this provision codifies thousands of illegal crossings a day, while supporters claim it is necessary for gaining operational control of the border.
The authority, similar to the Title 42 powers used during the COVID-19 pandemic, would also bar repeat border crossers from legally entering the country for a year. However, there are exceptions to the shutdown power, such as processing a minimum number of immigrants at legal ports of entry and allowing unaccompanied children and those facing imminent threats to enter. The border can only be reopened if crossings drop below 75% of the trigger number for a week.
Asylum
Another major change in the legislation is the stricter standard for initial asylum screenings, which would result in more immigrants being quickly deported. The screenings would take place in detention within 90 days, effectively ending the practice of “catch and release.” Additional resources would be allocated for detention beds, asylum officers, and border agents, with the capacity of detention beds increasing from 34,000 to 50,000. Immigrants who pass the initial screening would receive a work permit and could be eligible for a path to citizenship.
The entire process must be resolved within 180 days to prevent immigrants from disappearing into the country’s interior. The bar for asylum remains the same for the second and final screening, but three factors are considered at the beginning: criminal history, previous residence in a safe third country, and the ability to relocate safely within their own country. The cases would be handled by U.S. Citizenship and Immigration Services rather than the courts, giving the Department of Homeland Security 90 days to hire and train necessary asylum officers.
Parole
The most controversial element of the proposal is President Joe Biden’s use of parole, which has allowed over a million immigrants into the country. The legislation narrows the president’s authority at land ports of entry and restricts the use of parole for illegal border crossers. However, class-based parole programs for immigrants from Cuba, Haiti, Nicaragua, and Venezuela on humanitarian grounds would be preserved.
Other Provisions
The bill includes additional provisions such as the Afghan Adjustment Act, which provides a process for permanent residence for Afghans resettled after the 2021 withdrawal. The FEND Off Fentanyl Act empowers the administration to target entities involved in fentanyl production and smuggling.
The visa system would undergo several changes, including the authorization of an additional 250,000 visas over five years. “Documented Dreamers,” who arrived in the U.S. as children of high-skill workers but lost legal status at age 21, would be protected from deportation due to the green card backlog.
The legislation also includes $650 million in border wall funding, along with Democratic deal-sweeteners such as guaranteed legal counsel for unaccompanied minors and mentally incompetent individuals. However, there are no amnesty provisions for the current undocumented population.
What are the implications of the stricter standards for initial asylum screenings in terms of immigration enforcement and the practice of ”catch and release
The Senate has finally released a long-awaited bipartisan compromise on border security after months of intense negotiations. The details of the deal, which were made public on Sunday evening, will play a crucial role in determining the level of support the bill receives in the Senate. This package, which is part of a larger national security supplemental, is set to be considered as early as Wednesday.
The negotiations surrounding this deal have been highly controversial, with leaks threatening to derail the legislation before it was even made public. The bill has been described as both an amnesty and the toughest border security legislation in the last thirty years. However, what truly matters are the actual contents of the deal, which comes with a hefty $20 billion price tag.
One of the key elements of this legislation is the new expulsion authority for the president, granting him the power to turn away immigrants during periods of increased border crossings. This authority becomes mandatory when crossings reach a certain threshold, ensuring that the border can be shut down when overwhelmed. Critics argue that this provision codifies thousands of illegal crossings a day, while supporters claim it is necessary for gaining operational control of the border.
This authority, similar to the Title 42 powers used during the COVID-19 pandemic, would also bar repeat border crossers from legally entering the country for a year. However, there are exceptions to the shutdown power, such as processing a minimum number of immigrants at legal ports of entry and allowing unaccompanied children and those facing imminent threats to enter. The border can only be reopened if crossings drop below 75% of the trigger number for a week.
Another major change in the legislation is the stricter standard for initial asylum screenings, which would result in more immigrants being quickly deported. The screenings would take place in detention within 90 days, effectively ending the practice of “catch and release.” Additional resources would be allocated for detention beds, asylum officers, and border agents, with the capacity of detention beds increasing from 34,000 to 50,000. Immigrants who pass the initial screening would receive a work permit and could be eligible for a path to citizenship.
In conclusion, the Senate has released a bipartisan border compromise that aims to address the long-standing issues of border security and immigration. The deal includes a new expulsion authority for the president and stricter standards for initial asylum screenings. While the contents of the bill have sparked controversy, it is now up to the Senate to carefully consider and debate the provisions.
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