Developments
Seven mostly Republican senators continue to negotiate the Biden administration’s request for supplemental 2024 funding for Ukraine, Israel, and the border. Republicans want tough restrictions on asylum and humanitarian parole in exchange for their support. The talks do not appear to be progressing.
It seems that negotiators are focusing on two Republican demands: for raising standards that recently arrived asylum seekers would have to meet in initial credible-fear interviews, and for weakening the presidential authority—part of immigration law since the 1950s—that allows temporary grants of humanitarian parole. Some Democrats appear willing to budge on the credible fear standards, but are more resistant to watering down parole, a program that, as applied to some citizens of Cuba, Haiti, Nicaragua, Ukraine, and Venezuela, has reduced arrivals at the U.S.-Mexico border.
- Jacob Bogage, Liz Goodwin, “Ukraine Funding’s Fate Hangs on Thorny Immigration Issue in Senate” (The Washington Post, November 29, 2023).
- Lauren Fox, Priscilla Alvarez, “Senators Struggle to Find Middle Ground on Immigration Policy Changes Key to Passing Ukraine-Israel Aid” (CNN, November 28, 2023).
- Pablo Manriquez, “Bipartisan Plan to Trade Immigrant Rights for Ukraine Money Is Sinking Fast” (The Intercept, November 29, 2023).
- Ellie Quinlan Houghtaling, “Mike Johnson Is Losing His Caucus to a Border Deal Breakdown” (The New Republic, November 29, 2023).
- Alexis Simendinger, Kristina Karisch, “Morning Report — Senate Barrels Toward Border Fight” (The Hill, November 29, 2023).
- Samantha-Jo Roth, “Senate Stumbles Into New Border Security Stalemate Holding Up Israel and Ukraine Aid” (The Washington Examiner, November 29, 2023).
- “Sen. Ron Johnson Seeks to Condition Ukraine Aid to Metrics on Mexico Border Crossings” (The Milwaukee Journal Sentinel, November 29, 2023).
“I think it’s becoming less and less likely that we’ll have a deal by the end of the week,” said Sen. Chris Murphy (D-Connecticut), one of the seven negotiators.
- “Manu Raju @Mkraju on Twitter” (Twitter, November 29, 2023).
Washington Post columnist Greg Sargent reported:
According to Democratic sources familiar with the negotiations, Republican demands began to shift soon after the New York Times reported that in a second Trump term, he would launch mass removals of millions of undocumented immigrants, gut asylum seeking almost entirely, and dramatically expand migrant detention in “giant camps.”
As one Senate Democratic source told me, Republicans started acting as though Trump and his immigration policy adviser Stephen Miller were “looking over their shoulders.”
- Greg Sargent, “How Trump Is Wrecking Hopes for a ‘Reasonable’ Ukraine Deal” (The Washington Post, November 29, 2023).
Eleven Democratic senators, led by Alex Padilla (California), signed a statement opposing any deal that weakens asylum and doesn’t include “a clear path to legalization for long-standing undocumented immigrants.” Immigrants’ rights groups have added their voices in opposition to any deal that weakens asylum and other protections.
- Sen. Alex Padilla (D-California), “Padilla Leads 10 Colleagues in Joint Statement on Proposed Threats to Asylum System in Supplemental Aid Package Negotiations” (U.S. Senate, November 29, 2023).
- People’s Lives Are Not a Bargaining Chip: WWD Partners Call Out Inhumane Trade Between Aid Package, Asylum System Overhaul (Welcome With Dignity Campaign, Wednesday, November 29, 2023).
- Alexander Bolton, “10 Senate Democrats Voice Alarm Over Border Security Talks” (The Hill, November 29, 2023).
- Sandra Sanchez, “Democrats Push Back Against Gop-Led Efforts to Tie Asylum Changes to Ukraine Aid” (Border Report, November 29, 2023).
- Sandra Sanchez, “Gop’s Immigration Demands Would Cause ‘Chaos and Disorder’ at Border, Groups Say” (Border Report, November 28, 2023).
On the right, the “Heritage Action” organization opposed any deal that does not include the full Republican agenda represented in H.R. 2, the “Secure the Border Act,” which passed the House on a party-line vote in May 2023.
- “Heritage Action President: h.r. 2 Is the Only Solution to Securing the Border” (Heritage Action, November 28, 2023).
The Los Angeles Times reported on miserable conditions endured by asylum seekers awaiting Border Patrol processing outdoors, at times for days, at an outdoor “informal holding spot” near a gap in the border wall in rural Jacumba Hot Springs, California.
- Melissa Gomez, “Migrants Struggle Against the Elements in San Diego’s Open-Air Desert Camps” (The Los Angeles Times, November 28, 2023).
- “Joe Orellana @Joeorephoto on Twitter” (Twitter, November 28, 2023).
Agents in other Border Patrol sectors are being called to help process large numbers of arriving migrants in the Tucson, Arizona and Del Rio, Texas sectors. Some of that processing is occurring virtually, through video interviews with agents.
- Julian Resendiz, “Cbp in el Paso Helping Manage Large-Scale Migrant Surge in Arizona” (Border Report, November 29, 2023).
- Louis Casiano, “Border Agents Across Us Asked to Virtually Process Migrants Amid Surge at Southern Border: Report” (Fox News, November 28, 2023).
The federal judiciary’s Ninth Circuit Court of Appeals is hearing arguments in a longstanding case seeking to end CBP’s practice of “metering,” or restricting asylum seekers’ access to U.S. soil at ports of entry.
- Lauren Villagran, “‘Metering’ at the Border: Asylum-Seekers Sue Over Trump, Biden Border Policy” (USA Today, November 28, 2023).
Analyses and Feature Stories
An analysis from the New York Times’ Miriam Jordan notes that U.S. asylum law offers little protection to people fleeing the effects of climate change.
- Miriam Jordan, They Fled Climate Chaos. Asylum Law Made Decades Ago Might Not Help (The New York Times, Tuesday, November 28, 2023).
The latest LAPOP AmericasBarometer survey found that 50 percent of Nicaraguan people intend to migrate, and that 23 percent are “very prepared” to leave Nicaragua in the near future. About 670,000 Nicaraguans—more than 10 percent of the country—have left since 2018.
- “Uno de Cada Cuatro Nicaraguenses “Preparado” para Migrar” (Expediente Publico (Honduras), November 29, 2023).
On the Right
- Anna Giaritelli, “Kari Lake Says Biden Unleashed Border Crisis ‘Intentionally to Destabilize Our Country’” (The Washington Examiner, November 29, 2023).
- Alex Oliveira, Marjorie Hernandez, “Us Border Overwhelmed by Migrant Surges in Three States, Closing International Bridges and Causing Chaos” (The New York Post, November 28, 2023).