WASHINGTON (AP) — Top Biden administration officials labored Wednesday to try to reach a last-minute deal for wartime aid for Ukraine by agreeing to Senate Republican demands to bolster U.S.-Mexico border policies, with urgency setting in as Congress prepared to depart Washington with the impasse unresolved.
The White House was racing to lock in a deal in principle with key Senate negotiators, according to two people familiar with the plans who demanded anonymity to discuss them. A core negotiating group, which has included Homeland Security Secretary Alejandro Mayorkas, departed the Capitol Wednesday evening after making progress but without the principles of a deal finalized.
As details of the plan emerged, advocates for immigrants and members of President Joe Biden’s own Democratic Party fretted about the policies under discussion. Some demonstrated at the Capitol, warning of a return to the hardline border and immigration policies of the Trump era.
Congress has little time to reach an agreement on Biden’s $110 billion request for Ukraine, Israel and other national security needs that Republicans are holding up to demand changes to border policy. While White House officials and key Senate negotiators appeared to be narrowing in on a list of priorities to tighten the U.S.-Mexico border and remove some recent migrant arrivals already in the U.S., Senate Republicans earlier Wednesday said not enough progress had been made to justify staying in Washington beyond Thursday.
Ukrainian President Volodymyr Zelenskyy visited Washington this week to implore lawmakers for support, but lawmakers were still ready to leave for weeks with one of the U.S.'s key international commitments — helping halt Russian President Vladimir Putin’s invasion into Ukraine — seriously in doubt. Also left hanging would be a deal on one of the most unwieldy issues in American politics: immigration and border security.
“The talks are continuing,” said Senate Majority Leader Chuck Schumer as he closed the Senate Wednesday night.
Among the proposals being seriously discussed, according to several people familiar with the private talks, are plans to allow Homeland Security officials to stop migrants from applying for asylum at the U.S. southern border if the number of total crossings exceeds daily capacity of roughly 5,000. Some one-day totals this year have exceeded 10,000.
Also under discussion are proposals to detain people claiming asylum at the border, including families with children, potentially with electronic monitoring systems.
Negotiators are also eyeing ways to allow authorities to quickly remove migrants who have been in the United States for less than two years, even if they are far from the border. But those removals would only extend to people who either have not claimed asylum or were not approved to enter the asylum system, according to one of the people briefed on the negotiations.
The policies resemble ones that President Donald Trump’s Republican administration tried to implement to cut border crossings, but many of them were successfully challenged in court. If Congress were to make them law, it would give immigration advocates very little legal ground to challenge the restrictions for those seeking asylum.
Advocates for immigrant warned of a return to anti-immigrant policies and questioned whether they would even address problems at the border.
“I never would have imagined that in a moment where we have a Democratic Senate and a Democratic White House we are coming to the table and proposing some of the most draconian immigration policies that there have ever been,” said Maribel Hernández Rivera, American Civil Liberties Union director of policy and government affairs.
The Senate negotiators had also found some agreement on raising the threshold for people to claim asylum in initial credible fear screenings.