Emergency Authority Raises Concerns
A new emergency authority to address the escalating border crisis has come under fire, with critics calling it a “disaster.” The controversial provision allows the Secretary of Homeland Security to take action when encountering a high number of aliens, but the threshold for activation has drawn significant criticism.
Triggering the Emergency Authority
According to the legislative proposal, the emergency authority can be invoked if there are 4,000 or more aliens encountered each day. However, it becomes mandatory when the number exceeds 5,000 a day over a week or reaches 8,500 in a single day. Critics argue that these numbers are “insane” and “totally unacceptable” to the American people.
Exclusion of Non-Mexican UAC
The group raising concerns about the emergency authority also pointed out that the total number triggering the activation does not include Non-Mexican Unaccompanied Alien Children (UAC). This omission has raised further questions about the accuracy of the figures used to determine the need for the emergency measures.
Border Shutdown and Asylum Claims
If the average encounters reach 5,000 per day over a week or 8,500 in a single day, the proposed legislation mandates a “mandatory activation.” Border shutdown would follow, with anyone attempting to cross being turned away. As a result, no new asylum claims would be allowed, and individuals crossing the border would be promptly removed.
Processing and Removal of Illegal Border Crossers
Under the bill, Border Patrol would not process illegal border crossers. Instead, they would be directly removed without the need for further processing. This approach aims to eliminate the idea that migrants who manage to reach U.S. soil must go through a processing system.
Calculation of Encounters
The legislation outlines how the average for the applicable seven-day period would be calculated. It includes encounters between Southwest land ports of entry, encounters between ports of entry along the southern coastal borders, and inadmissible aliens encountered at a Southwest land border port of entry. However, it explicitly excludes aliens from noncontiguous countries from this calculation.
Exceptions for Unaccompanied Alien Children
Exceptions to the emergency authority for “an unaccompanied alien child” are detailed in the bill. These exceptions apply to aliens described in subsection (a)(2)(C) and are outlined on page 206.
Changes to Asylum Claims
The legislative proposal seeks to limit asylum claims to those made at legal ports of entry. This would effectively end the practice of “catch and release.” While single adults would be detained, families and unaccompanied minors would be released using alternatives to detention (ATD). Asylum cases would also be fast-tracked, reducing the processing time from years to months through a new rapid/expedited expulsion system. Those who fail their asylum claims would be swiftly removed from the U.S.
Legal Assistance and Suspension of Shutdown Authority
The bill includes provisions for legal assistance for unaccompanied minors, with some receiving pro bono or taxpayer-funded attorneys. Additionally, the president would have the power to suspend the shutdown authority for up to 45 days if deemed in the best interest of national security.
Swift Criticism and Opposition
The long-awaited national security supplemental has faced swift criticism, particularly from House Republicans. One representative called the package “dead on arrival” and urged fellow Republicans to reject it. The bill’s details, particularly on pages 212 to 217, have been highlighted as problematic and a reason to oppose the legislation.
Continued Debate and Analysis
As the debate around the proposed border plan continues, lawmakers and experts will closely analyze its provisions. The highly contentious legislation seeks to address the pressing border crisis but has already sparked significant controversy and opposition.