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    January 29, 2024

    Legislative State of Play: Border Security Deal

    There have been reports that the Senate is considering an agreement that would significantly impact access to humanitarian protections.

    There have been reports that the Senate is considering an agreement that would significantly impact access to humanitarian protections.

    As of late January, Congress continues negotiations on a bipartisan border security deal, but the chances for success appear to be diminishing. Although most of the negotiations have taken place behind closed doors, there have been reports that the Senate is considering an agreement that would significantly impact access to humanitarian protections, including asylum, under U.S.  immigration law.

    While the ABA generally supports bipartisan solutions to the difficult challenges presented at the U.S. southern border, it does not support including provisions in any deal that abandon our nation’s moral and legal responsibility to protect asylum seekers. On December 1, 2023, the ABA sent a letter to Congress detailing the harms that would result from some of the proposals reportedly under discussion at that time.

    Negotiators are reportedly considering the implementation of a Title 42-like expulsion authority. Title 42 was implemented during the height of the Covid-19 pandemic and gave U.S. officials authority to turn away migrants at the border, including those seeking asylum, on the grounds of preventing the spread of the communicable disease. The inclusion of a similar policy in a stand-alone border security deal or as part of a funding deal would prevent many individuals and families from legally seeking asylum and undermine U.S. responsibilities under international law.

    The agreement may also propose to significantly limit the Administration’s parole authority. Presidential statutory authority to parole certain noncitizens seeking entry into the U.S., for humanitarian reasons or other public benefit, serves important humanitarian needs and has been shown to reduce pressure on the border. Limiting the Administration’s parole authority would have devastating consequences, both at the border and across neighboring countries, jeopardizing current security measures and placing vulnerable individuals and families seeking protection at risk.

    Finally, reports indicate that the agreement may include raising the credible fear standard and limiting the availability of review of fear-based claims. Changing the longstanding and globally recognized asylum standard would not only exacerbate serious due process concerns caused by the lack of access to reliable legal information and representation, but will also inevitably lead to bona fide asylum seekers being returned to persecution and harm in their home countries.

    While the outcome of the negotiations is still uncertain, these anticipated proposals would have devastating consequences and place vulnerable adults and families seeking protection at risk.

    If you would like to get involved, please visit the ABA’s ongoing campaign in which constituents can email their Members of Congress and urge them to oppose provisions in a border security funding bill that would abrogate our nation’s moral and legal responsibility to protect asylum seekers.

    Follow us on social media platforms @ABAGrassroots to learn more about significant legislative developments on border security issues as they happen.

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