House GOP Passes Border Bill as Senate Argues Title 42 Extension

House Republicans passed their proposed fix to the ongoing wave of migration at the U.S.-Mexico border, voting 219-213 along strict party lines on the day in which America faces the end to its Title 42 public health order allowing for the quick expulsion of migrants.

In a statement shared with Newsweek, Republican Congressman Tony Gonzales of Texas, whose district encompasses more than a third of the border, said he was pleased to see House Republicans come together to begin the first steps of taking action on the issue, but stressed that it is now time to focus on getting a bill through the Senate.

"H.R. 2, The Secure the Border Act, is a step in the right direction, and I am proud to have negotiated several key provisions that were included in this legislation," Gonzales said. "For many of my colleagues passing H.R. 2 means 'mission accomplished,' but the crisis at our southern border will not be resolved until a comprehensive border security bill ends up on President Biden's desk and is signed into law."

The bill provides increased funding for border agents, resumes construction of the border wall, and upgrades border technology. On the immigration front, it reinstates the Trump-era policy requiring certain asylums seekers to "Remain in Mexico" as their cases are heard. It also places additional restrictions on those seeking asylum, and provides new requirements to E-Verify, an employment eligibility database.

While Gonzales ultimately chose to support the bill, the Texas Republican, who co-chairs the Congressional Hispanic Conference, almost pulled his support, saying that "at the eleventh hour, my provision to begin labeling cartels as terrorist organizations was stricken from the bill."

The removal of this provision came after some members of Gonzales' party expressed concern that the provision could create a new "credible fear" claim for asylum seekers looking to enter the U.S.

Concerns over the bill's handling of the asylum issue reflect the precarious path the bill faces in the Democratic-controlled Senate, which remains largely opposed to language that limits the existing pathways for individuals seeking refuge to enter the U.S. President Joe Biden has said he would veto the House GOP border bill if it were to reach his desk.

Arizona's Independent Senator Kyrsten Sinema and North Carolina Republican Senator Thom Tillis, who have both traveled with Gonzales to the border, remain at work on a framework for legislation that includes providing funding for the hiring of new CBP agents, enhancing border enforcement technology, and modernizing the asylum system. It would also address issues within the work visa process and provide Dreamers—immigrants brought to the country illegally as young children—a path to citizenship.

In a conversation prior to the passage of the GOP effort, Tillis told Newsweek that the House effort "looks good to me," adding that "I think there's room to work there." While noting that it needs tweaking in the Senate, he said "it's a good baseline."

However, before he and Sinema begin reconciling their agenda with the House GOP bill, they have a more immediate legislative agenda before them—a bill that the duo released last week that would effectively extend the authorities granted under Title 42.

Title 42 was implemented under the Trump administration in wake of the COVID-19 pandemic, and it requires the "suspension of entries and imports from designated places to prevent spread of communicable diseases." While liberals have criticized the order as "inhumane," it has been utilized throughout the course of the Biden presidency to manage migration.

With Title 42's end, Troy Miller, the top official at U.S. Customs and Border Protection (CBP) said the border could see as many as 10,000 individuals attempting to cross the border each day.

The Sinema-Tillis plan would, in effect, extend the provision for two years in order to give the Biden Administration "more time to put a plan in place that will secure our border." Democratic Senator Joe Manchin of West Virginia and Republican Senator John Cornyn signed onto the bill as co-sponsors.

During a "pen and pad" session with reporters on Capitol Hill, that included Newsweek, Sinema made the following appeal:

"The Biden administration should take action to enforce laws that are on the books right now," Sinema told reporters. "And we call on our colleagues to join us in seeking to extend the authorities of Title 42 so that we can relieve border communities in Arizona, Texas, and California from the strain and pressure they're facing right now, and to prevent a humanitarian crisis."

While this agenda may be popular among conservatives and moderates like Sinema and Manchin, not all Democrats agree on the measure.

Senator Dick Durbin of Illinois, chair of the Senate Judiciary Committee and the second highest-ranking Senate Democrat, said during a Wednesday floor speech that "Title 42 is not only inhumane, it is ineffective," adding that it has "has failed to reduce the demand for those seeking entry into America."

Since Biden took office, encounters between CBP and migrants have remained at levels of more than 100,000 per month. During fiscal year 2023, which began in October 2022, encounters have not fallen below 156,000 per month—more than double the highest totals seen during the twilight of the Trump administration. Title 42 has remained in effect throughout this period, and it remains to be seen how its end may affect migration levels.

Durbin also said during his speech that he intends to counter the House GOP proposal, which he views as "makes the situation at the border even worse," by bringing forth a bill to provide CBP assistance in securing the border and processing asylum claims that would also aid communities that take in migrants. Durbin also told reporters he plans to introduce a bill to address the end of Title 42.

When asked about Durbin's efforts on Title 42 and whether they had been in conversation with him, Sinema said, "I haven't, but I look forward to seeing it." Tillis was also positive in his comments on the measure.

"I was glad to hear that he's talking about it," Tillis said. "If it has the effect of allowing Title 42 to be in place, maybe he's come up with a better idea that can get bipartisan support."