House Republicans pass new asylum restrictions as Title 42 ends
Speaker of the House Kevin McCarthy (R-CA) presides over the vote on H.R.2 - the Secure the Border Act of 2023, in the House Chamber of the U.S. Capitol May 11, 2023 in Washington, DC. (Drew Angerer/Getty Images)
House Republicans passed a sweeping bill Thursday to build more U.S.-Mexico border wall and impose new restrictions on asylum seekers, creating a hard-line counter to President Joe Biden's policies just as migrants are amassing along the border with the end of coronavirus pandemic restrictions.
The bill has virtually no chance of becoming law. Democrats, who have a narrow hold on the Senate, have decried the aggressive measures in the bill as "cruel" and "anti-immigrant," and Biden has already promised he would veto it.
The legislation passed 219-213, with all present Democrats and two Republicans, Reps. Thomas Massie of Kentucky and John Duarte of California, voting against it.
The House GOP pointedly voted on the bill the same day as the expiration of Title 42, a public health emergency rule that allowed border authorities to quickly return many migrants who crossed the border illegally. Biden has conceded that the southern border will be "chaotic for a while" as migrants weigh whether to cross and U.S. officials use a new set of policies that aim to clamp down on illegal immigration while offering more legal pathways.
Republicans have sought to slam Biden for the increase in illegal immigration during his tenure. Passing the bill would ensure House GOP lawmakers can say they did their part to deliver on a campaign promise to secure the border.
House Speaker Kevin McCarthy called the package "the strongest border security bill this country has ever seen," saying in a speech on the House floor that "meanwhile, we are seeing a very different record from President Biden."
It took months, however, for Republicans to push the bill through the House amid sometimes public feuds between GOP lawmakers over the legislation. Even as the legislation neared final form Wednesday, it had to be amended to appease concerns from the House Freedom Caucus and other lawmakers.
The 213-page bill represents a compromise in the Republican conference between mainstream lawmakers, who wanted to focus on beefing up border enforcement, and hardline conservatives, who want to see drastic changes to U.S. asylum and immigration law.
U.S. and international law give migrants the right to seek asylum from political, religious or racial persecution, but conservatives say many people take advantage of the current system to live and work in the U.S. while they wait for their asylum claim to be processed in court.
The package would return to many of the same policies pursued by former President Donald Trump, such as building walls along the border. It would also restrict asylum by requiring migrants to cross legally, pay a $50 fee and meet more stringent requirements to show in initial interviews that they have a credible fear of persecution in their home country.
"This extreme MAGA Republican piece of legislation will throw out children who are fleeing, in many cases, extreme violence and persecution," Rep. Hakeem Jeffries, the top House Democrat, said at a Thursday news conference. "It will build a medieval border wall that is a 14th-century solution to a 21st-century problem."
The bill would also scrap a program that has allowed U.S. officials to accept or quickly turn away some migrants from Venezuela, Haiti and Nicaragua. The program is a cornerstone of Biden’s immigration efforts, allowing migrants from those countries to apply to come to the U.S. for two years legally and work.
The unwieldy nature of immigration legislation has befuddled Congress for decades, but there is a growing conversation in the Senate on the issue.
A small group of House and Senate lawmakers hopes the House bill could give momentum for a separate package in the works that would incorporate aggressive border enforcement with expanding legal immigration through work visas, as well as potentially a path to citizenship for undocumented immigrants who came to the U.S. as children.
"The bill that we’re getting, I think, is a good starting point," said Sen. Thom Tillis, a North Carolina Republican. "It, by itself, would not get 60 votes to get out of here."
Any final bill would need bipartisan support to pass the Senate and agreement from House Republicans on significant changes.
Some House lawmakers were already raising concerns about whether agriculture businesses would be disrupted by the bill's requirement that agriculture businesses verify the immigration status of employees.
In explaining his vote against the bill, Duarte, who represents a district comprised of farmland in California's Central Valley, said in a statement that the bill would "harm many families that work in our Valley and create difficulties for our food producers."
Massie, the other Republican to oppose the legislation, made a libertarian argument against a system that tracks people's immigration status.
Meanwhile, Sen. Dick Durbin, the No. 2 Senate Democrat, is introducing legislation that would assist border officials and speed up the asylum application process. And Tillis joined with Sen. Kyrsten Sinema, an Arizona independent who accepts committee assignments from Democrats, to push a bill that would resurrect the government's power to quickly expel migrants, without processing their asylum claims, for another two years.
"It’s clear that the Biden administration, while it had two years to prepare for the end of Title 42, failed to do so," Sinema told reporters. "And in the last several weeks, I’ve had the unfortunate job of communicating on a daily basis, sometimes even hourly basis, with the sheriffs, the Border Patrol agents, mayors and even the governor of Arizona to figure out how we can prepare to deal with this crisis."
FILE - Aerial view of migrants waiting to be processed by United States authorities between border wall fences on the United States side of the US-Mexico border, seen from Tijuana, Baja California state, Mexico, on May 11, 2023. (GUILLERMO ARIAS/AFP via Getty Images)
Biden has received countless barbs from Congress, but one Texas Republican key to immigration negotiations, Rep. Tony Gonzales, is already thinking of how to get the president on board.
"Until the president of the United States signs a bill into law, all of this is theater," said Gonzales, who represents a large swath of border country. "A lot of people are good at political theater. Meanwhile, back in my district, we’re dealing with a real crisis."
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AP Congressional Correspondent Lisa Mascaro contributed to this report.