Senate Deal Requires DHS to Continue Funneling Border Crossers into U.S.

Migrants walk beside the US-Mexico border fence in Lukeville, Arizona, US, on Monday, Dec.
Eric Thayer/Bloomberg

A deal being negotiated by Sens. James Lankford (R-OK), Chris Murphy (D-CT), and Kyrsten Sinema (I-AZ) would codify President Joe Biden’s Catch and Release network into federal law by requiring the Department of Homeland Security (DHS) to funnel border crossers into the United States on a daily basis.

New details of the Senate deal continue coming to light, the latest revealing more reasons why President Joe Biden has thrown his support behind the deal.

Sources who spoke to CBS News said the deal includes multiple loopholes that will not only allow Biden’s DHS to continue funneling tens of thousands of border crossers into the U.S. interior every week but require the agency to do so.

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Though the deal claims to give Biden more border control authority, the deal prevents the White House from using the authority for an extended period of time. Border crossers would also be allowed to seek exemptions to get into the U.S. even when the authority is used.

Biden already has expansive power over immigration with multiple federal statutes and Supreme Court rulings making clear that the president has sweeping authority to control the inflow of foreign nationals to the U.S.

CBS News reported:

The power, which Mr. Biden referred to as an authority to “shut down the border” on Friday, would be mandated after average daily migrant crossings hit 5,000 over seven days, or 8,500 in a single day. It could also be activated on a discretionary basis after average daily crossings surpass 4,000 in a week. There would also be a limit on the number of days each year the president could invoke the authority. [Emphasis added]

When the authority is invoked, migrants who cross into the U.S. illegally would not be allowed to ask for asylum, and would face swift deportation to Mexico or their home country. Exceptions would be made for those who pass screenings for other, more difficult-to-obtain forms of humanitarian refuge, including protection under the United Nations Convention Against Torture. [Emphasis added]

While the proposal negotiated by the White House and lawmakers would penalize those who enter the U.S. illegally, it would preserve asylum at official ports of entry. In fact, it would require U.S. border officials to continue processing more than 1,400 asylum-seekers daily at these official border crossings when the “shutdown” authority is invoked, sources told CBS News. [Emphasis added]

“Any border ‘shutdown’ authority that ALLOWS even one illegal crossing is a non-starter. Thousands each day is outrageous. The number must be ZERO,” House Speaker Mike Johnson (R-LA) wrote on Twitter.

FILE - House Speaker Mike Johnson, R-La., talks with reporters at the Capitol in Washington, Nov. 2, 2023. As Johnson tries to unite the slim House Republican majority, he's fast running into the same hard-right factions and divisions that his predecessor, Kevin McCarthy was unable to tame. It's disrupting the GOP agenda, shelving priorities and leaving gnawing questions about any leader's ability to govern.(AP Photo/J. Scott Applewhite, File)

House Speaker Mike Johnson (R-LA) talks with reporters at the Capitol in Washington, on November 2, 2023. (AP Photo/J. Scott Applewhite)

In practice, the deal ensures that Biden’s DHS can continue funneling tens of thousands of border crossers into American communities every week and get them expedited work permits to hold American jobs.

As Breitbart News reported, the deal helps Biden carry out his administration’s ultimate goal of vastly expanding the nation’s foreign-born population to record levels — a boon for Democrats and Wall Street alike.

“Never understood the big difference between letting in asylum seekers at ports of entry [which the deal would apparently allow] vs. between ports of entry [which it would ‘pause’ sometimes]. Entrants at ports of entry still lower U.S. wages,” Author Mickey Kaus wrote of the deal.

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“It’s just cleaner optics for Biden,” Kaus wrote.

In addition to these newly uncovered provisions, the deal would expand legal immigration levels by 50,000 green cards annually even as a 54 percent-majority of likely American voters told pollsters this month they want to see legal immigration levels reduced.

As previously mentioned, the deal allows up to 35,000 illegal aliens to arrive at the U.S.-Mexico border every week before requiring DHS to impose border controls. Also in the deal, illegal aliens would get expedited work permits to take American jobs and Unaccompanied Alien Children (UACs) would be provided taxpayer-funded lawyers.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here

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