The U.S. Senate released recently a border security bill, which sparked massive controversy. This is what it will mean for the border crisis.
The 370-page bill which was released February 4th, 2024 contains many drastic changes to the systems in place at the U.S. Mexico border. Systems like asylum claims and emergency powers afforded to the president have stirred many republicans to voice their opinion on the matter. You can find the bill here.
What the bill does
The 370-page bill could take quite some time to read through. There is a lot in this bill. Just so much. It is important to keep in mind that a bill is never about a single topic. It is often stated by democrats who wish to use republicans resistance to certain bills for likely containing down right distasteful things as a method of saying they don’t care. Or they don’t want to change. They are bigots or otherwise.
The public is likely not reading through each bill, as it would basically be like asking for the average citizen to read the most boring novel of all history. So the notes below are merely significant and topical sections from the lengthy bill. We will also take note to try to mention some of the other things that are hidden or shoved into the bill.
- $60 billion dollars for Ukraine
- $14 billion dollars for Israel
- $10 billion for global humanitarian aid
- $20 billion for measures related to the southern border
- Expands work authorizations for illegal aliens
- Fails to include critical asylum reforms
- Language in the bill allows for the release of illegal aliens from physical custody
- “Shutdown” authority allows the Secretary to have too much discretionary power
There is a very hefty section of the bill speaking about border procedures, allowances to different departments, and emergency authorizations.
Endorsement of Biden’s catch and release policy
Section 3141 under Subtitle B Asylum Processing at the Border has a couple of sections which encapsulate the current Biden policy of catching and just releasing illegal aliens back into the country. Except now, making it even less difficult to do so. Since it would be codified, Biden would not have to rely on his previous January 2020 threat to ICE officials.
(2) Release From Custody. Aliens referred for proceedings under this section shall be released from physical custody and processed in accordance with the procedures described in this section.
SEC. 235B. Provisional Noncustodial Removal Proceedings.
(3) Alternatives to Detention. — An adult alien, including head of household, who has been referred for a proceeding under this section shall be supervised under this section shall be supervised under the Alternatives to Detention program of U.S. Immigration and Customs Enforcement immediately upon release from physical custody and continuing for the duration of such proceeding.
SEC. 235B. Provisional Noncustodial Removal Proceedings.
The two above sections show that the bill is intended to allow illegal aliens to be released without any sort of restriction apart from the already castrated abilities of ICE agents to watch them and make sure they “do what they need to do” like to show up to the proceedings, which historically is hit or miss. However, there is a qualifying clause for an illegal alien to be referred to this section and have it be applicable.
(1) Circumstances Warranting Noncustodial Proceedings.– The Secretary, based upon operational circumstances, may refer an alien applicant for admission proceedings described in this section if the alien —
(A) indicates an intention to apply for a protection determination, or
(B) expresses a credible fear of persecution or torture.
SEC. 235B. Provisional Noncustodial Removal Proceedings.
These provisions would codify Biden’s already flagrant catch and release policy. Effectively allowing illegal aliens to even so much as claim they intend to file an asylum claim or other such protection.
Lack of asylum changes
The sections detailing asylum processes and hearing do not change much regarding how things run normally. There is still the legal right to representation. There are loopholes which allow for illegal aliens to request for reconsideration, which will ultimately allow the illegal alien to stay longer while proceeding times and schedules open up.
There isn’t much of note in the asylum sections of the bill.
However, what is changed are the “Credible Fear Standard and Asylum Bars at Screening Interviews in Section 3202.”
This was done by amending the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)
Regarding the standards of determining by striking out “significant possibility” (of the aliens’ fear of persecution, torture etc.) and inserting “reasonable possibility”. Thereby reducing the level of credibility an illegal alien’s claim needs to be.
The Border Emergency Authority
This section served to provide emergency authority to the Secretary of Homeland Security if certain criteria were to arise. It also only let it be discretionary. Interesting.
‘‘(1) IN GENERAL.—In order to respond to extraordinary migration circumstances, there shall be available to the Secretary, notwithstanding any other provision of law, a border emergency authority.
SEC. 244B. Border Emergency Authority.
Activations of such authorities will be only allowed in about during a period of 7 consecutive calendar days, there is an average of 4,000 or more aliens who are encountered each day. Border encounters are inclusive of situations where border agents also see personnel within a certain distance of the border, not only apprehensions.
With recent numbers going the way that they are. Those do not seem like very difficult numbers to achieve.
The border emergency authority would give the Secretary the ability to, under unreviewable discretion, summarily review from and prohibit in whole or in part entry.
Admission of the bill that fentanyl is pouring across the border
This bill states that the government is entirely aware of the fentanyl crisis and where it is coming from. Citing cartels and other international criminal organizations as being the cause of the fentanyl crisis.
Therein they discuss sanctions they would hold against people or organizations or nations who are willfully and knowingly taking part in the fentanyl trade and other illegal activity in relation to the border.
Republicans reactions to the bill
It is not surprising that the bill was not approved by some top House Republicans. Citing that the bill lacks any real and effective changes that would help the border situation. In a join statement from House Speaker Mike Johnson (R-LA), Majority Leader Steve Scalise (R-LA), Majority Whip Tom Emmer (R-MN), and Chairwoman Elis Stefanik (R-NY), they noted their concerns.
House Republicans oppose the Senate immigration bill because it fails in every policy area needed to secure our border and would actually incentivize more illegal immigration,— Among its many flaws, the bill expands work authorizations for illegal aliens while failing to include critical asylum reforms. Even worse, its language allowing illegals to be ‘released from physical custody’ would effectively endorse the Biden ‘catch and release’ policy.
Joint statement House Speaker Mike Johnson (R-LA), Majority Leader Steve Scalise (R-LA), Majority Whip Tom Emmer (R-MN), and Chairwoman Elis Stefanik (R-NY)
The statement went further, “The so-called ‘shutdown’ authority in the bill is anything but, riddled with loopholes that grant far too much discretionary authority to Secretary Alejandro Mayorkas – who has proven he will exploit every measure possible, in defiance of the law, to keep the border open—The bill also fails to adequately stop the President’s abuse of parole authority and provides for taxpayer funds to fly and house illegal immigrants in hotels through the FEMA Shelter and Services Program.”
Closing thoughts
This bill is an attempt to gain some voter base back as Biden is grasping at air in the polls. Another point to make is that the Biden administration doesn’t seem to have any regard for federal law for the border, so what would truly change with this bill. Nothing. It would likely only make the problem worse. Rife with loopholes and power grabbing schemes over the border, it isn’t any wonder the public is having a hard time trusting the Biden administration with the border crisis. Something that he has allowed to go on for four years, nearly and turn into something absolutely historic.
His orders to federal agencies to tear down border fences are just one of the many nails in the coffin for the Biden administration. Many news agencies are stating that this bill would take away Abbots power in Texas along the border, which is likely one of the many goals that come along with the bill. Gov. Abbot did respond by saying the “fight is not over”.
Not only was the bill meant to be as crooked as Nancy Pelosi’s smile, but it was also harboring billions in foreign aid. Money that could be going to prove that Democrats care about American citizens instead of showering foreign nation leaders with taxpayer dollars.
Realistically speaking, this is yet another staircase for the Biden administration, which will likely not make the polls budge.
