The Senate has released a long-awaited border deal that includes significant reforms, including a crackdown on asylum and parole. If passed, this bill would dramatically change immigration law for the first time in decades. The proposed package implements strict limits along the US southern border that have not been previously enshrined into law and would curtail asylum at the US southern border. The Senate's proposed border deal package is unlikely to take immediate effect even if it were passed, as it requires an immense number of resources including hiring additional personnel which often takes months. Here are the key changes included in the bill:
New emergency authority to restrict border crossings if daily average migrant encounters reach 4,000 over a one-week span. If that metric is reached, the Homeland Security secretary could decide to largely bar migrants from seeking asylum if they crossed the border unlawfully. If migrant crossings increase above 5,000 on average per day on a given week,₠DHS is required to use the authority. But the federal government is limited in how long it can use the authority. In the first year, the government can use it for 270 days, then 225 calendar days in the second year, and 180 days in the third year. The authority sunsets after three years. Codifies a policy that requires at least 1,400 asylum applications to be processed at ports of entry when the emergency authority is triggered. Raises the legal standard of proof to pass initial screening for asylum seekers, making it potentially more difficult for them to pass. Expedites the processing timeline from years to six months. ₠Introduces a new process in which US Citizenship and Immigration Services would decide an asylum claim without it going through the immigration court system. The process doesn't apply to unaccompanied migrant children. Preserves the president’s authority to designate humanitarian parole on a case-by-case basis. President Joe Biden has used this authority for Ukrainians, Afghans, Cubans, Venezuelans and Haitians among other populations. Authorizes 250,000 additional immigrant visas to spread out over five years for families and applies to employment-based immigrants.