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$20B Border Bill: Boon or Boondoggle for America?

Over the weekend, Senate leadership provided a sneak peek into their long-awaited bipartisan agreement on the border, following intense negotiations spanning four months. The comprehensive package, part of a broader national security supplemental, is set for thorough evaluation as early as Wednesday. The lead-up to the unveiling, however, was marked by drama and controversy, with potential leaks threatening to undermine the legislation before its official release.

This $20 billion deal has been characterized as everything from "amnesty" to the most robust border security legislation in the last three decades. What lies within this eleventh-hour pact?

At the heart of the legislation is a novel expulsion authority for the president, allowing him to deny entry to immigrants during periods of heightened border crossings. This authority triggers at a weekly average of 4,000 encounters a day, becoming mandatory at 5,000 a day or once crossings reach 8,500 in a single day. While the intent is to manage overwhelming situations at the border, critics on the right frame it as legitimizing thousands of illegal crossings per day, with House GOP leaders going as far as declaring the legislation "dead on arrival."

The bill also introduces stricter standards for initial asylum screenings, aiming to expedite deportations for more immigrants. Those passing the initial screening could receive a work permit and, if successful at the final screening, might be eligible for a path to citizenship. Additionally, the legislation allocates resources for increased detention beds, asylum officers, border agents, and more, with detention beds set to rise from 34,000 to 50,000. Funding would also support up to 77 repatriation flights daily.

The most contentious aspect revolves around President Biden's use of parole, which has admitted over a million immigrants into the country. The compromise narrows this authority at land ports of entry and restricts parole for illegal border crossers between ports of entry. While Democrats applaud the preservation of class-based parole, the bill maintains programs admitting immigrants from Cuba, Haiti, Nicaragua, and Venezuela on humanitarian grounds.

Additionally, the package includes the Afghan Adjustment Act, offering a pathway to permanent residence for Afghans temporarily admitted into the U.S., and the FEND Off Fentanyl Act, empowering the administration against entities involved in fentanyl production or smuggling.

While the legislation includes $650 million in border wall funding, it incorporates Democratic incentives like guaranteed legal counsel for unaccompanied minors and individuals deemed mentally incompetent, along with changes to the visa system. Notably, there are no provisions for amnesty for the current undocumented population.

Given the contentious details, the fate of this bipartisan compromise hangs in the balance, with senators carefully weighing their support on both sides of the aisle. Only time will reveal whether this compromise can navigate Capitol Hill's treacherous waters and garner the necessary support for implementation.

Written by Staff Reports

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