For years, immigration activists have indicated their willingness to compromise for action on Capitol Hill: Republicans supporting stricter border policies, while Democrats secure progressive immigration measures, such as a pathway to citizenship for Dreamers, at the very least.
This grand bargain is now under threat due to a vigorous effort to allocate tens of billions of dollars in aid to Ukraine, raising concerns among advocates and lawmakers. In a statement on Wednesday, a group of 11 Democratic senators, led by California’s Alex Padilla, criticized the potential for “harmful changes to our asylum system that will potentially deny lifesaving humanitarian protection for vulnerable people, including children, and fail to deliver any meaningful improvement to the situation at the border.”
The warning is directed at a bipartisan group of six senators—three Republicans and three Democrats—working to unlock President Joe Biden’s $106 billion supplemental funding request for aid to Ukraine, Israel, and Taiwan. The GOP’s condition for Ukraine aid is tougher border security, altering the traditional immigration-policy equation.
For immigration reform advocates, this trade-off means that their longstanding priorities have been replaced with Biden’s foreign aid objectives. They are now intensifying pressure on Senate Democrats and the White House. Immigration Hub’s Kerri Talbot urged Democrats to reject these proposals, stating, “No Democrat should accept these ransom demands that would harm immigrants.”
The ongoing negotiations revolve around three major issues:
- Asylum standards: Republicans want a higher standard for determining credible fear, potentially resulting in more migrants being removed.
- Safe third countries: Discussions include expanding the list of countries where asylum seekers must seek protection before reaching the U.S. border.
- Parole authority: Republicans aim to significantly limit the president’s authority to temporarily admit people to the U.S. for humanitarian reasons.
Regarding the politics of these issues, Democrats seem willing to accept a revised asylum threshold but strongly oppose changes to parole authority. They are somewhere in the middle on the concept of safe third countries.
The senators who spoke out on Wednesday emphasized that any substantive changes should be accompanied by concessions on immigration policies, not Ukraine funding. They stated, “Any proposal considering permanent changes to our asylum and immigration system needs to include a clear path to legalization for long-standing undocumented immigrants.”
The left has additional concerns, including Biden’s eagerness for an immigration deal and a perceived lack of proximity between Senate negotiators and activists. The absence of Latinos in the current group of six Senate negotiators has also drawn criticism.
On the right, there is no unified stance on the emerging Senate deal. House Republicans advocate for a more wide-ranging and restrictive bill, H.R. 2, which Democrats would likely reject. Heritage Action for America, a conservative group, opposes the Senate talks and insists on Republicans committing to H.R. 2.
As the Senate negotiations continue, attention is on House Speaker Mike Johnson’s attendance at the Senate GOP lunch, where border talks are expected to be discussed.
Senate Majority Leader Chuck Schumer has set a deadline for a vote on the Biden aid package next week, but if the negotiations falter, Minority Leader Mitch McConnell may play a crucial role in finding a resolution, given his support for aid to Ukraine and his push to tie it to border security.
There is currently no clear alternative plan, making it imperative for Biden and McConnell to reach a resolution, supported by Senate Democrats eyeing the political advantages of a deal.
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