In a significant development, Senators introduced a comprehensive border deal and foreign aid package on Sunday. This long-anticipated legislation includes provisions to address illegal migrant crossings at the southern border and offers support to Ukraine, Israel, and other key US allies. However, the passage of this legislation remains uncertain, with opposition from the House and former President Donald Trump.
The border deal proposed in the legislation grants the president extensive powers to restrict illegal migrant crossings. If enacted, it would mark a significant change to immigration laws that have remained largely unchanged for decades. The legislative package, totaling $118.2 billion, also includes critical aid for Ukraine in its ongoing conflict with Russia, as well as security assistance for Israel. Additionally, it provides humanitarian aid for civilians in Gaza, the West Bank, and Ukraine.
This border deal places one of the most complex political challenges at the center of President Joe Biden's foreign policy agenda, forcing him to take a tougher stance on an issue that has been a political liability. The proposed compromise seeks to implement strict limits that have not been previously formalized into law, effectively curbing asylum at the US-Mexico border, a departure from longstanding protocols.
Months of bipartisan negotiations involving Democratic Senator Chris Murphy of Connecticut, independent Senator Kyrsten Sinema of Arizona, and Republican Senator James Lankford of Oklahoma have shaped this legislation. However, the opposition from former President Trump and House Speaker Mike Johnson puts the approval of the legislation at risk.
Johnson has declared the border deal 'dead on arrival' in the House after its release. House Majority Leader Steve Scalise also expressed his disapproval and stated that the bill will not receive a vote in the chamber. This increases the pressure on Senate Republicans and may sway undecided Republicans to vote against the legislation, knowing that it won't progress in the House.
The legislative package includes various allocations, with approximately $60 billion designated for Ukraine, $14.1 billion for Israel's security assistance, and $20.23 billion for operational needs and border resources. This exceeds the initial $14 billion request made by President Biden for border security. The package also includes substantial funding for regional partners in the Indo-Pacific.
President Biden has expressed his strong support for the Senate's border bill, describing it as the toughest and most equitable set of border reforms in decades. However, if Congress fails to pass the comprehensive package, senators will have to decide whether to pursue separate bills for Ukraine, Israel, and Taiwan without the inclusion of border and immigration measures.
In response to the growing pressure, Johnson announced that the House will vote separately on a bill providing aid for Israel. This move intensifies the pressure on senators to separate the aid to Israel from other issues. Nevertheless, it remains uncertain whether a foreign aid package, excluding border security measures, will garner enough support to pass.
The proposed border deal includes emergency authorities for the Department of Homeland Security to clamp down on border crossings, should the daily average encounters exceed 4,000 over a one-week period. If this threshold is surpassed, the DHS secretary could significantly restrict asylum for those who crossed the border unlawfully. The authority would expire after three years.
Under the deal, migrants could still seek asylum at official ports of entry. The bill establishes a process for processing 1,400 asylum applications at these ports while expediting the process and raising the asylum eligibility standards. Non-qualifying asylum seekers would face swift deportation.
The overall aim of the Senate deal is to accelerate the asylum process, considering asylum cases within six months instead of the current timeframe, which can take up to 10 years. The deal also seeks to tighten the criteria for determining asylum eligibility, making it more challenging for migrants to prove their eligibility.
Even if the legislation passes, it's important to note that the immediate implementation of the deal would require significant resources, including hiring additional personnel, a process that often takes months.
As the border deal faces opposition from the far right, the Senate negotiators have emphasized that the agreement has been misrepresented. Critics argue that the package would allow thousands of migrants to enter the US daily, a claim that negotiators vehemently deny. Senator Sinema, who resides near the Mexican border, stressed that by swiftly implementing the new system, individuals seeking economic reasons would recognize that it is not a viable path for entry into the country.
Senator Lankford has also pushed back against claims that the deal grants blanket permission for migrants to enter the US. He has asserted that this legislation is not a betrayal, contrary to what Trump and some of his supporters have stated. Trump himself has maintained that Republicans should not accept any compromise and that the legislation is unnecessary.
While the fate of the border deal and foreign aid package remains uncertain, it represents a significant step toward addressing border security concerns and providing support to key US allies. The coming days will reveal whether the legislation can overcome political hurdles and secure the necessary votes for passage, laying the foundation for significant changes to immigration law and foreign aid policy.