|As several Senators themselves have recently acknowledged, the current negotiations are a deliberate effort to hold Ukraine funding hostage in exchange for what collectively would be enacting the most restrictive anti-immigrant legislation since the racial quota laws of the 1920s. In no way do these policies resemble any prior “border” or “immigration” bipartisan negotiations, and it is entirely misleading to refer to these as “border security talks.”
These demands are a series of immigration policies so extreme they have never been considered acceptable in any bipartisan negotiations. Together they would eliminate the basic foundations of our immigration system, slash existing legal immigration pathways, expand the use of expedited removal in the interior, eliminate any ability to seek asylum, and more. While there has been reporting largely focused on changes to asylum standards, including the credible fear standard, these other proposals have received less attention. Not only will these policies fail to improve conditions at the border, but some will have the impact of increasing, not decreasing, unauthorized encounters, creating more chaos at the border in 2024.
These 6 policy proposals include:
- Unilateral So-called “Safe Third Country” Transit Bans
- National Expulsion & Visa Suspension Authority (“Title 42 on Steroids”)
- Elimination of Nearly All Immigration Parole Authority
- (Near) Mandatory Incarceration of All People/Families Seeking Asylum, Leading to Remain in Mexico
- Mass Expansion of Expedited Removal to Everyone into the Interior
- Numerical Caps on Asylum & Mandates on Asylum Refusal
Outlined below are proposed changes that, even if only some were enacted, would likely be the most negative immigration legislation in roughly a century. Experts have repeatedly warned policymakers about the potential operational and humanitarian consequences of these policies, and why it would be a grave mistake to assume they would improve conditions at the border. These policies are the very foundational tools that President Trump and his team have explicitly demanded as central to their xenophobic, authoritarian efforts to slash nearly all immigration, resume family separation and attack Dreamers, and arrest and deport millions a year if they reach the White House in 2025.
We hope this information provides helpful context on these particular ideas. If you are working on a related story or require expert analysis or data on immigration policy and its implications, please don’t hesitate to reach out to our team at FWD.us.