immigration policy

Proposed Immigration Legislation Including Foreign Funding Unveiled

A new $118 billion immigration bill with bi-partisan support has been unveiled. The bill includes funding for U.S.-Mexico border security. It also provides wartime support to Israel, Ukraine, and others. President Biden supports the plan and encourages Congress to pass it to deal with ongoing immigration issues. However, the Republican House leadership opposes the bill. They suggest the current bill is not worth reviewing and hope that the Senate rejects it.

Immigration Policy Update

As previously reported, two parts of the proposed immigration bill include emergency authority to shut down the border under certain circumstances, and reform of the asylum program.

Under the plan, the Department of Homeland Security would have the authority to shut down the border under certain circumstances. If 4,000 or more migrants are encountered daily, over a period of a week, the border can be closed. If a week’s average meets 5,000, or any individual day sees 8,5000 or more migrants, the border can be closed. The border can be closed no more than 270 days in the first year. The bill also gives the President the authority to suspend a border-closing up to 45 days per year if it is in the national interest.

When the border is closed, a minimum of 1,400 migrants who enter the U.S. legally must be processed. Only children traveling alone would be allowed to cross the border illegally during a border shutdown. Any adult who tries to enter the U.S. illegally two or more times during a border emergency shutdown would be barred from the U.S. for one year.

Individuals who come to the U.S. legally can stay for 90 days under federal supervision while they complete their asylum interviews. Those who pass the interview process, would receive employment authorization while awaiting a final decision. Individuals who are not approved for asylum will be sent back to their home country or to Mexico.

The standard for getting asylum would also be raised. The ‘credible fear’ standard would be more difficult to reach as certain elements would be considered earlier in the process. Some of these elements are the migrant’s criminal history, if individuals lived safely in third countries before crossing into the U.S., and if they can safely relocate within their home countries.

The plan does not address the DACA program. However, children of H-1B visa holders would receive employment authorization and their legal ages would be frozen while they wait for green cards. This would remove their risk of deportation when reaching adult age. The bill also offers a way for qualifying individuals from Afghanistan to become permanent residents. Finally, USCIS would have the option to hire more staff to address staffing shortages.

Foreign Funding

The plan also includes funding for foreign countries including over $60 billion for Ukraine, $14 billion for Israel, and $10 billion for humanitarian aid to Gaza and the West Bank.

It is unlikely that the bill will pass.

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