Congress has a laundry list of immigration bills as Title 42 ends

Title 42 is ending, thousands of immigrants are crossing into the United States, and there is a laundry list of immigration bills being proposed in Congress to fix the problem. But movement is slow and nothing will be done in time to address the initial surge expected after the pandemic-era health order expires. 

The House of Representatives passed the Secure the Border Act along party lines Thursday, May 11.

It covers many facets of border and immigration policy: 

• It resumes border wall construction.
• Limits asylum to those who arrive at ports of entry.
• Expands the types of crimes that make an individual ineligible for asylum including DUIs that cause serious injury.
• Creates new penalties for those who overstay their visa.
• Requires all employers to use a new form of E-verify to check employment eligibility.

Republicans say the bill is desperately needed to help the Border Patrol do its job, and provide relief to border communities that have had their resources pushed beyond their capacity. 

“This is President Biden’s record on the border: Record crossings, record carelessness, record chaos,” House Speaker Kevin McCarthy, R-Calif., said. 

The bill did not receive support from Democrats. 

“It’s cruel, it’s unworkable and extreme. What happened to family values that our country has prided itself on?” Rep. Nanette Diaz Barragán, D-Calif., said.  

Across the Capitol, Sens. Thom Tillis, R-N.C., and Kyrsten Sinema, I-Ariz., introduced a bill that would give border officials the authority to almost immediately deport immigrants without a hearing.

It’s just like Title 42, but unlike the pandemic-era order, it’s not tied to public health. The pair said they are slowly but surely building support for the legislation. 

Lawmakers said to get something signed into law, it needs to be bipartisan and bicameral. They are hoping to ride a wave of momentum that’s building as Title 42 ends and illegal immigration surges. 

“I think the important thing here is to notice that for the first time in over a decade and a half, you have House and Senate members actually speaking with each other,” Sinema said. “The strategy we’re using this time is different. We understand that there are two chambers that must work together to get a bill to the president’s desk.”

Sen. Dick Durbin, D-Ill., is also releasing his own legislation that he said will help the Border Patrol secure the border and provide support to local communities housing migrants. Details on his proposal are still in the works.  

“This bill is by no means a comprehensive package, but it is an opportunity to show the American people that we are not ignoring the reality, and we can support our frontline officials from the communities that need help,” Durbin said. 

Durbin is also co-sponsoring legislation with Sen. Lindsey Graham, R-S.C., to give Deferred Action for Childhood Arrival (DACA) recipients, often called “Dreamers,” a pathway to citizenship. Graham is sponsoring another bill to designate Mexican drug cartels as foreign terrorist organizations, which he said would help the government crack down on fentanyl trafficking.