Senate Border Proposals Would Do Nothing To Secure The Border

 Reports suggest that Senate negotiators are discussing a deal to trade $61 billion in Ukraine war funding for border reforms. However, the details of the proposals are scant, and it is unclear if there is agreement on concrete terms. The New York Times reports that a final deal may include a 5,000 per-day cap on illegal entries, funding for Border Patrol agents and USCIS asylum officers, amendments making it harder for migrants to claim asylum, expanded detention resources, and a process for quicker removals. However, a 5,000 per-day cap would not secure the border, as it is higher than the daily apprehension rates during the Obama and Trump administrations.

Expanding the number of Border Patrol agents and asylum officers may have some marginal benefits, but it is unclear if the Border Patrol has filled all available positions, and increasing the number of asylum officers would not address the backlog of affirmative asylum applications. The Times also reports that the Senate proposal would make it harder for aliens to claim asylum, but it is unclear what this means. It could involve codifying the Biden administration's "Circumvention of Lawful Pathways" (CLAP) rule, which imposes a rebuttable presumption that aliens who cross the border illegally are ineligible for asylum. However, the rule has many exceptions and does not address the CBP One app scheme, which allows 1,450 aliens per day to preschedule their illegal entries at the ports of entry.

The Times also reports that the Senate proposal would expedite the expulsion of migrants who lack lawful reasons to stay in the country, which could mean codifying the Biden administration's Asylum Officer Rule. This rule allows USCIS asylum officers to grant asylum to border migrants following nonadversarial interviews, breaking with more than two decades of practice and precedent.

Republicans should be dictating the terms of the deal, not offering major concessions to cajole the president into performing his duty to secure the border. The GOP is in a strong position to secure immigration and border reforms when Democrats are desperate for funding. However, the border-for-Ukraine construct has fault lines among Hill Republicans, and the GOP prefers to use the border crisis as a political talking point instead of solving the underlying problem. The president could end the border crisis quickly by using section 212(f), reimplementing a version of Remain in Mexico, detaining more illegal migrants, and/or shifting his other policies. Based on the reports, nothing on the table would secure the border anytime soon. If there is no progress, the GOP should be willing to allow the president to dig himself in deeper. No bill is better than a bad one.

https://cis.org/Arthur/Senate-Border-Proposals-Would-Do-Nothing-Secure-Border