No, the border deal does not 'allow' 5,000 unauthorized immigrants per day
Republican critics quickly twisted one element of a bipartisan compromise bill unveiled Sunday to misleadingly suggest that it allows it Every day, 5,000 migrants enter the country illegally.
The legislation, which ties additional military aid funding to Ukraine to immigration policies, would more aggressively curb illegal crossings at the U.S. border with Mexico.
The claim has become a popular talking point, following broader opposition from Republicans who have taken up the border security provisions in the $118.3 billion bill and blasted them as too lax.
But the bill does not actually give immigrants permission to cross the border illegally. Instead, among other provisions, it would give officials the authority to summarily remove migrants, with few resources, after a certain number is exceeded: an average of 5,000 encounters per day for a week, or 8,500 in one day.
Here's a fact check.
WHAT WAS SAID
“The Biden/Schumer Open Border Bill Lets 5,000 Immigrants A Day Into Our Country.”
– Republicans in the House of Representatives in a post on social media on Monday
“Here's what the people pushing this 'deal' aren't telling you: It accepts 5,000 illegal immigrants a day and gives automatic work permits to asylum recipients — a magnet for more illegal immigration.”
– Steve Scalise, Majority Leader of the House of Representatives, in a social media post on Sunday
“This bill is a disaster. This bill may allow 5,000 people to enter our country per day. There is no point.”
– Former President Donald J. Trump in an interview on Monday
“The Senate AMNESTY bill erases our borders. Every Senator has taken an oath to uphold our laws, including our border security and immigration laws. The senators want to allow 5,000 illegal immigrants to cross our border per day.”
– Representative Mary Miller, Republican of Illinois, in a social media post on Sunday
This is misleading. The legislation seeks to make it more difficult for people to apply for asylum and speed up that process; expand federal detention capacity; and provide funding for other border investments, including hiring asylum officers and border security agents, among others. It does not say that 5,000 immigrants are allowed to enter illegally per day.
Instead, the bill uses that number to help determine when a new, strict emergency authority could go into effect to more easily deport migrants regardless of whether they plan to seek asylum.
“More than 5,000 illegal crossings are already taking place,” Theresa Cardinal Brown, senior advisor for immigration and border policy at the Bipartisan Policy Center, wrote in an email. “We don't 'allow it'; it happens, and then we have to deal with it.”
Under current law, migrants who cross the border illegally are allowed to apply for asylum, triggering a lengthy process of waiting for a decision.
Under the agreement, the provision at the heart of Republicans' claims would create a mechanism requiring officials to effectively close the border to migrants trying to enter the United States illegally and remove them en masse. The mechanism would come into effect after the number of meetings reached an average of 5,000 per day for a week – or 8,500 on a given day. The number of meetings should decrease dramatically before the closure is lifted. The bill would also give the Secretary of Homeland Security the ability to exercise the same authority sooner, with an average of 4,000 encounters per day for a week.
This power would “allow summary deportations of migrants and deprive them of the opportunity to apply for residency in the US, except in very limited circumstances,” Ms. Brown said.
She compared the proposed authority to Title 42, a health rule that used the coronavirus as a reason to quickly turn back immigrants who crossed the border illegally, from March 2020 until the policy ended in May.
In December, the Border Patrol reported more than 250,000 encounters — or a daily average of about 8,000 — according to Customs and border protection data.
Even before the proposed thresholds are met, migrants caught crossing the border illegally would still be detained and processed, with the prospect of deportation.
Experts pointed out that, in light of the stricter border security measures in the compromise bill, the number of illegal border crossings would likely decline.
“The bill would not allow the entry of 5,000 unauthorized immigrants per day,” Michelle Mittelstadt, spokeswoman for the Migration Policy Institute, said in an email. “In fact, it would lead to fewer illegal entries, as it sets a higher bar for asylum eligibility and a faster screening process with limitations on assessment in case of refusal, and there are greater capacities for detention and removal.”
She added: “With or without that 5,000 trigger, anyone crossing the border illegally would face a higher bar for asylum.”
Senator James Lankford, an Oklahoma Republican who helped draft the bill, has done so as well pushed back following claims, it has given the green light to the illegal entry of 5,000 migrants per day.
“This authority is an authority of 5,000 that says if you get to 5,000 – which we have been every day but seven for the last four months – the border will be completely closed and everyone will be deported,” he said. said on Fox News on Monday.
Curious about the accuracy of a claim? Email factcheck@nytimes.com.