When Republicans officially regained control of the House of Representatives in January, one of their top priorities was border security. After months of work, they presented their proposal to attack the problem, christened the Border Security Act of 2023 (H.R.2), sponsored by Congressman Mario Diaz Balart (R-FL). However, although it has not yet been voted on in the House, Joe Biden said he would not hesitate to veto it.
The project has 15 co-sponsors and was introduced on May 5, and consequently began its tour of the committees. Specifically, it will pass through the Judiciary, Homeland Security, Ways and Means, Education and Workforce, and Foreign Affairs Committees for a period to be set by the Speaker, Kevin McCarthy. The vote is expected to take place on Thursday, the same day the pandemic-era asylum restrictions known as Title 42 end.
After glancing at the text, the White House issued a statement assuring that, if it reached President Biden's desk, he would take the red pen and veto it. According to their analysis, it would "cut off nearly all access to humanitarian protections in ways that are inconsistent with our Nation's values and international obligations."
Furthermore, they indicated that it does not live up to its name because "it does very little to actually increase border security while doing a great deal to trample on the Nation's core values and international obligations" and, therefore, "it should be rejected."
"President Biden promised a more 'humane and fair' immigration policy, but there is nothing humane about the nearly 900 individuals who died last year making their way into the United States. There is nothing humane about the 300 Americans who die daily from fentanyl poisoning that is brought in through our southern border. There is nothing humane about the women and children abused, raped, and killed by cartels. There is nothing humane about unaccompanied minors being exploited and ending up in some of the most punishing jobs in the country." Diaz-Balart said of the proposal's creation.
The Biden Admin’s threat to veto the Border Security Act, while 300 Americans die of fentanyl poisoning each day, hundreds of migrants die at the hands of narcoterrorist cartels, children and women are trafficked, abused, and exploited, dozens on the terrorist watchlist enter our…
— Mario Diaz-Balart (@MarioDB) May 8, 2023
What does H.R.2 do?
The legislation covers a wide range of reforms to the immigration system, these being the main ones:
- It expands the types of offenses that can make a person ineligible for asylum, such as a conviction for driving while intoxicated and causing serious bodily injury or death to another person.
- Requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border.
- Authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border.
- It requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use it (this point is disputed even by some Republicans such as Thomas Massie).
- Imposes additional penalties for overstaying a visa.
- Limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry.
Possible arrival in the Senate
If passed by the Upper House, the bill would reach a 51-49 Democratic-controlled Senate with little chance of reaching the magic number of 60. However, some Republicans are looking forward to it with open arms, as they see H.R.2 as an opportunity to build some consensus with Democrats on border security.
One of them is John Cornyn (R-TX), who recently stated he was "anxious" to get the bill through the Senate, "so we can then take it up here and try to figure out what it takes to get to 60 [votes]."
He was joined by Tom Tillis (R-NC), one of the Republicans who negotiates most with the Democrats on immigration issues, who said it would be a "good starting point for discussions."
