the Senate’s Bill on Border Security Was Dead on Arrival?

Paresh Jadhav

11 months ago

After months of negotiations, a bipartisan group of senators developed legislation to address the border crisis. This bill included several significant revisions to asylum and immigration laws as well as giving Joe Biden authority to close down the border in case it became overwhelmed.

But upon its arrival at the House, this bill was quickly declared dead on arrival. Here are three main reasons for its failure.

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1. It was too weak

Since the release of the bipartisan bill text, several Republicans have taken to social media to voice their outrage at it. Former President Donald Trump and House Majority Leader Steve Scalise (R-La.) both threatened not to vote for it while others such as Scalise promised that they will stop its passage through House chambers.

The bipartisan bill includes numerous changes that aim to raise the threshold for asylum eligibility, speed up cases and grant migrants authorization to work while their cases are being reviewed. Furthermore, it introduces an emergency authority which would require Homeland Security to shut down borders if more than 5,000 migrants arrive within seven days or 8,500 on any single day.

This proposal is dangerous and misguided, risking alienating Democratic voters while doing little to address the real challenges in our immigration system. It is regrettable that Republicans would put their partisan interests over those of all Americans.

2. It was too expensive

As migrants continue to encounter increasing odds at the Southwest border, the Senate voted on Tuesday night to pass a bipartisan package of $118 billion for border security and international aid, yet former President Trump and conservative senator Republicans criticised it as not going far enough in stopping illegal immigration. On Twitter Sunday night, Johnson warned it will die upon reaching the House for consideration.

The bill, negotiated by Oklahoma Sen. James Lankford, Republican Chris Murphy and Arizona Independent Kyrsten Sinema, contains over $20 billion for border security but also many immigration policy reforms that give President Trump new tools to combat migrant crisis at border, such as requirement of closing border if daily crossings exceed threshold and changing how asylum claims are evaluated.

Critics contend the legislation would do little to curb illegal migration and is more of a political stunt than an effective solution, while some Democrats worry it could erode essential due process rights of asylum seekers.

3. It was too partisan

Although Republicans secured many victories with this deal, its Senate team may also set them up for electoral defeat ahead of November. According to House Chief of Staff Mike Johnson’s view, it will likely die on arrival when introduced into the lower chamber; he wrote this week’s letter of warning to fellow GOP leaders concerning reports that it included pathways for undocumented migrants seeking citizenship as well as measures detrimental to Republican electoral prospects in November.

Many senators who opposed the bill cited immigration provisions that they believe undermine President Biden’s authority to address border crises, while Oklahoma Sen. James Lankford expressed concerns that moving it further right would be politically disastrous for some colleagues and could prevent them from reaching 60 votes threshold for passage.

4. It was too unpopular

This bill, which included work authorizations, a new asylum policy, funding for the border wall and foreign aid to Israel and Ukraine, generated strong opposition among conservative senators who believed that its enforcement provisions fell short and allowed migrants to gain illegal entry.

Senate leadership team who negotiated this bill were aware that its passage might not make it past committee, yet continued negotiations anyway. McConnell, Lankford and other Republicans worried that Democrats would use this legislation against them during an election year campaign.

McConnell’s team believed the bill to be the optimal option available, yet numerous House Republicans including Speaker Mike Johnson, Majority Leader Steve Scalise and Whip Tom Emmer pledged to kill it due to its failure to include essential asylum reforms; loopholes in border shutdown authority that gave too much discretionary power to Homeland Security Secretary Alejandro Mayorkas; and its use of taxpayer funds for housing migrants along the border.