In a landmark move that could reshape immigration policy for years, the Senate has unveiled a border deal and foreign aid package that introduces strict limits along the US southern border and significantly alters asylum protocols.
The proposed bill, released on Sunday, includes several key provisions:
This legislation would mark the most substantial change to immigration law in decades.
Emergency Authority
The legislation grants new emergency authority to restrict border crossings if daily migrant encounters surpass certain thresholds.
If migrant crossings reach 4,000 on average per day over one week, the Homeland Security secretary could bar migrants from seeking asylum if they crossed the border unlawfully.
Asylum Processing Changes
The bill codifies a policy requiring processing at least 1,400 asylum applications at ports of entry during emergencies.
It also raises the legal standard of proof for asylum seekers, potentially making it more challenging for them to pass initial screenings.
Expedited Processing
The proposed legislation would expedite Asylum processing timelines from years to six months.
New Asylum Claim Process
A new process would allow US Citizenship and Immigration Services to decide asylum claims without involvement from the immigration court system, excluding unaccompanied migrant children.
Humanitarian Parole
The president’s authority to grant humanitarian parole on a case-by-case basis is preserved, with limited changes narrowing its use at land borders.
Additional Visas and Pathway to Citizenship
The bill authorizes 250,000 additional immigrant visas over five years for families and employment-based immigrants.
It also provides a pathway to citizenship for Afghans paroled into the United States after the US withdrawal from Afghanistan and extends the special immigrant visa program for Afghans who worked for the US government.
Despite its significance, the legislation faces an uphill battle for passage. Speaker Mike Johnson has declared the deal “dead on arrival” in the House, highlighting the potential for a clash between the two chambers.
Even if the bill were to pass, implementation would require substantial resources and could take months.