Jayapal: Border deal would force many migrants unable to seek asylum ‘back to certain death’

Rep. Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus, criticized the long-awaited bipartisan border deal released late Sunday, saying changes it would make to the asylum-seeking process would send “too many people back to certain death, discrimination, or other harm.”

“I am still reviewing the text of this proposal, which was constructed under Republican hostage-taking and refusal to fund aid for Ukraine without cruelty toward immigrants. However, it is already clear it includes poison pill provisions such as new Title 42-like expulsion authority that will close the border and turn away asylum seekers without due process, a boon to cartels who prey on migrants,” Jayapal said in a statement.

“For migrants who are able to seek asylum, they would now be subject to unrealistic standards and timelines under which to present their asylum claims, forcing too many people back to certain death, discrimination, or other harm,” Jayapal added. “The bill also limits parole at land ports of entry which will only disincentivize people coming to ports to be processed in a safe and orderly way.”

The border security deal — part of the larger supplemental funding package that includes aid for Israel, Ukraine, and other foreign policy priorities — came together after months of negotiations led by Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.).

It includes provisions to raise standards for asylum screening and to process claims faster. It also ends the practice known as “catch and release,” and it provides a new authority to close the border to most migrants when crossings reach a set threshold. This enhanced border emergency authority, however, would not apply to unaccompanied children or migrants experiencing medical emergencies or an imminent threat to their lives.

“Democrats have given in to these extremist views over and over again for 30 years. By refusing to make the structural changes in the Senate needed to pass true reforms, allowing MAGA Republicans to lie to the American public, and declining to stand up and defend immigrant communities, it appears that President Biden and Senate Democrats have fallen into the same trap again,” Jayapal said.  

“I will continue to closely examine the text released today, but I cannot support a proposal that fails to learn from 30 years of data and would only repeat our mistakes — with migrant lives in the crosshairs,” she added.

Additionally, the measure seeks to make it easier for migrants to get work authorization and eliminate the immigration court backlog.

However, Jayapal made clear that these concessions are not enough.

“The Senate will try to sell this so-called deal by pointing to some additional green cards and fixes for small immigrant groups. However, let’s be clear: minor visa tweaks in exchange for shutting down the asylum system and exacting further harm on the vulnerable people seeking refuge in the United States is not serious reform and it once again throws immigrants under the political bus,” Jayapal wrote.

“There is no question that we need significant changes to our immigration system. It is long overdue for modernization to allow for efficient and orderly processing of migrants who seek to come to the United States and to increase legal pathways for work and family visas, refugees, and asylum seekers. However, this proposal includes none of the thoughtful reforms to do that or to actually address the situation at the border in a humane way that recognizes the contributions immigrants make to our economy and our communities.”