The bipartisan $118 billion draft immigration bill that increases U.S.- Mexico border security and provides wartime support for Israel, Ukraine, and others is released. Although the bill faces an uphill battle, a test vote on the proposal is expected this week. President Biden is urging Congress to pass the legislation to address ongoing issues with immigration. However, House Republican leadership opposes the immigration bill, suggesting the current form of the bill is not worth reviewing. They encourage the Senate to reject the bill.

UPDATE: The bill has failed and is no longer being pursued.

Immigration Policy Update

As previously reported, two elements of immigration reform include a new emergency authority to shut down the border under certain circumstances, and the reform of the asylum program.

Under the proposal, the Department of Homeland Security would have the option to shut down the border under certain circumstances. If 4,000 or more migrants are encountered daily, on average, over seven days, the border can be closed. If a seven-day average meets 5,000, or any individual day sees 8,500 or more migrants, the border can be closed. The maximum number of days a year the border can be closed is 270 in the first year. The president would also be given the power to suspend a border-closing up to 45 days a year, if it’s in the national interest.

If the border is closed, a minimum of 1,400 migrants who enter the U.S. through legal ports of entry must be processed. Only unaccompanied minors would still be able to cross the border between ports of entry during a border shut down. Any individual who tries to enter the U.S. without a legal basis two or more times during a border emergency shutdown would be barred from the U.S. for one year.

Migrants who enter the U.S. through legal ports of entry would be eligible to stay in the U.S. for 90 days under federal supervision to complete asylum interviews. Those who pass the interview process would receive work authorization as they await their final determination. Individuals who are not granted asylum would be removed from the U.S. and returned to their home country or to Mexico. Individuals who enter the U.S. outside of official ports would be detained, pending asylum claims. Individuals not granted asylum would be removed.

The standard to qualify for asylum would also be raised. The “credible fear” standard will be more difficult to reach, primarily by moving consideration of some elements earlier in the process. Among the elements are the migrant’s criminal history, if they lived safely in third countries before crossing into the U.S., and if they can safely relocate within their home countries.

The proposed bill does not address the Deferred Action for Childhood Arrivals (DACA) program. Children of H-1B visas would qualify for employment authorization and freeze their legal ages while they wait for green cards, removing the risk of deportation when reaching adult age. Further, their children would qualify for work authorizations. Qualifying individuals from Afghanistan would also be offered a path to conditional, lawful, permanent residency. Finally, U.S. Citizenship and Immigration Services (USCIS) would be given the option to hire new individuals to address staffing needs.

Foreign Funding

Funding for foreign countries is included in the proposed bill. Over $60 billion in funding is proposed for Ukraine. $14 billion is proposed for Israel. $10 billion is proposed for humanitarian assistance to Gaza and the West Bank.

The outlook for the bill is decidedly uncertain.

As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any U.S. immigration issue, contact us. Our team of experienced attorneys work directly with clients to ensure they get the right advice.

Immigration Policy