House Republicans pass border security measure as Title 42 ends; Biden promises veto

House Speaker Kevin McCarthy of Calif., stands center in the House Chamber, Thursday, May 11, 2023, at the Capitol in Washington, as House Republicans pass a sweeping bill to build more U.S.-Mexico border wall and impose new restrictions on asylum seekers. (AP Photo/Jacquelyn Martin)

WASHINGTON, D.C. — House Republicans passed a sweeping bill last week to build more U.S.-Mexico border wall and impose new restrictions on asylum seekers, creating a hard-line counter to President Joe Biden’s policies as illegal immigrants massed along the border with the end of coronavirus pandemic restrictions. 

The bill has virtually no chance of becoming law. Democrats, who have a narrow hold on the Senate, have decried the aggressive measures in the bill as “cruel” and “anti-immigrant,” and Biden has already promised he would veto it. 

The legislation passed 219-213, with all present Democrats and two Republicans, Reps. Thomas Massie of Kentucky and John Duarte of California, voting against it. 

The House GOP pointedly voted on the bill the same day as the expiration of Title 42, a public health emergency rule that allowed border authorities to quickly return many who crossed the border illegally. Biden has conceded that the southern border will be “chaotic for a while.” 

Republicans have sought to slam Biden for the increase in illegal immigration during his tenure. Passing the bill would ensure House GOP lawmakers can say they did their part to deliver on a campaign promise to secure the border. 

House Speaker Kevin McCarthy called the package “the strongest border security bill this country has ever seen,” saying in a speech on the House floor that “meanwhile, we are seeing a very different record from President Biden.” 

The 213-page bill represents a compromise in the Republican conference between mainstream lawmakers, who wanted to focus on beefing up border enforcement, and hardline conservatives, who want to see drastic changes to U.S. asylum and immigration law. 

The package would return to many of the same policies pursued by former President Donald Trump, such as building walls along the border. It would also restrict asylum by requiring migrants to cross legally, pay a $50 fee and meet more stringent requirements to show in initial interviews that they have a credible fear of persecution in their home country. 

The bill would also scrap a program that has allowed U.S. officials to accept or quickly turn away some migrants from Venezuela, Haiti and Nicaragua. The program is a cornerstone of Biden’s immigration efforts, allowing migrants from those countries to apply to come to the U.S. for two years legally and work. 

A small group of House and Senate lawmakers hopes the House bill could give momentum for a separate package in the works that would incorporate aggressive border enforcement with expanding legal immigration through work visas, as well as potentially a path to citizenship for undocumented immigrants who came to the U.S. as children. 

“The bill that we’re getting, I think, is a good starting point,” said Sen. Thom Tillis, a North Carolina Republican. “It, by itself, would not get 60 votes to get out of here.” 

Any final bill would need bipartisan support to pass the Senate and agreement from House Republicans on significant changes. 

Some House lawmakers were already raising concerns about whether agriculture businesses would be disrupted by the bill’s requirement that agriculture businesses verify the immigration status of employees. 

In explaining his vote against the bill, Duarte, who represents a district comprised of farmland in California’s Central Valley, said in a statement that the bill would “harm many families that work in our Valley and create difficulties for our food producers.” 

Massie, the other Republican to oppose the legislation, made a libertarian argument against a system that tracks people’s immigration status. 

Meanwhile, Sen. Dick Durbin, the No. 2 Senate Democrat, is introducing legislation that would assist border officials and speed up the asylum application process. And Tillis joined with Sen. Kyrsten Sinema, an Arizona independent who accepts committee assignments from Democrats, to push a bill that would resurrect the government’s power to quickly expel migrants, without processing their asylum claims, for another two years. 

“It’s clear that the Biden administration, while it had two years to prepare for the end of Title 42, failed to do so,” Sinema told reporters. “And in the last several weeks, I’ve had the unfortunate job of communicating on a daily basis, sometimes even hourly basis, with the sheriffs, the Border Patrol agents, mayors and even the governor of Arizona to figure out how we can prepare to deal with this crisis.” 

Biden has received countless barbs from Congress, but one Texas Republican key to immigration negotiations, Rep. Tony Gonzales, is already thinking of how to get the president on board. 

“Until the president of the United States signs a bill into law, all of this is theater,” said Gonzales, who represents a large swath of border country. “A lot of people are good at political theater. Meanwhile, back in my district, we’re dealing with a real crisis.”