WASHINGTON — Sens. Thom Tillis and Kyrsten Sinema saw the writing on the wall.
A policy set in place by the Trump administration to turn migrants away at the U.S.-Mexican border due to the COVID-19 pandemic is set to expire.
People brought to the United States without legal authorization as children, who have been allowed to continue working and studying, constantly feel the threat of being forced to leave by court challenges.
Tillis and Sinema decided something needed to be done and soon, but immigration reform is one of the more difficult issues to garner bipartisan support for.
The Washington Post first reported that Tillis, a Republican from North Carolina, and Sinema, a Democrat turned independent from Arizona, planned to release a proposed package of changes to immigration law before the end of the year when lawmakers’ terms expire and the balance of power in Washington shifts.
An immigration bill would add to the growing list of bipartisan legislation Tillis has worked on in recent months which also includes federally protecting same-sex and interracial marriages and the largest gun package in the past 30 years.
Title 42
Tillis spoke briefly with McClatchy last week about the immigration package as he walked from the Senate chamber to another nearby meeting.
“We have the Border Patrol Council telling us if we don’t address the consequences of Title 42, then they will lose control of the border,” Tillis said. The Border Patrol Council is a labor union representing border patrol agents and their support staff.
Title 42 of U.S. health law allows the surgeon general to prevent the spread of communicable diseases by refusing “a person or property” into the country if a threat is posed by doing so.
Title 42 went into effect in March 2020, under the Trump administration, turning away immigrants seeking asylum at the U.S. border citing the COVID-19 pandemic. But doing so led to an increase in repeat attempts at crossing the border and arrests.
In April, the Centers for Disease Control and Prevention said Title 42 wasn’t necessary due to the availability of COVID-19 testing, but the Biden administration kept the policy in place.
Last month, a federal judge ruled that the Trump administration’s use of Title 42 at the U.S.-Mexico border violated the Administrative Procedure Act, and the procedure will expire on Dec. 21.
Tillis told McClatchy that he expects the number of illegal border crossings to vastly increase if Title 42 ends.
U.S. Customs and Border Protection reported having 2.38 million land border encounters at the southern border in the 2022 fiscal year. That’s up significantly from 1.73 million the year prior.
National Security Advisor Jake Sullivan was asked about security threats an end to Title 42 might pose during a press briefing at the White House Monday afternoon. He said the Biden administration would ensure an orderly, humane process at the border.
“And we believe that in doing so we can protect our national security concerns,” Sullivan said.
Dreamers
But Tillis said there’s more to his reasoning for getting involved. He said Congress needs to address the 2 million individuals who came to the United States without legal authorization as children, who have been allowed to continue living in the country to work and study. They’re known as DACA recipients or Dreamers, and their ability to stay in the country has been threatened by court cases.
“That’s really what became the genesis of us trying to figure out whether or not we can get member support,” Tillis said.
Last week, recipients of Deferred Action for Childhood Arrivals called on North Carolina and Arizona business and faith leaders to support Tillis’ and Sinema’s bill in a news conference, saying the lawmakers were negotiating a pathway toward their citizenship.
Yahel Flores, a DACA recipient and the state director of the North Carolina chapter of the American Business Immigration Coalition, spoke at the news conference and said that with party control about to change in the House, it’s critical that Congress passes an immigration reform bill before the end of the year.
“This initiative would boost the economy, reduce inflation and make our country more secure,” Flores said. “Sens. Sinema and Tillis, you will change my life and my 10-year-old son’s life if this legislation passes.”
Tillis’ and Sinema’s bill has not yet been filed.
Sinema shocked the Democratic Party on Friday by announcing her plans to become independent. It’s unclear whether that decision has had any effect on negotiations going on behind the scenes with the bill.
Tillis said last week that Democrats also needed to come to the table to address other border security elements, but he didn’t elaborate on the specifics.
