On February 4, 2024, Senator Patty Murray (D-WA), Chair of the Senate Appropriations Committee, released the text of a bipartisan national security supplemental package. The $118.28 billion supplemental includes a bipartisan border policy package that would fundamentally alter the processing of migrants at the U.S. Southern border. A summary of the legislation can be found here.
The $118.28 billion national security supplemental package includes:
- $60.06 billion to support Ukraine.
- $14.1 billion in security assistance for Israel.
- $10 billion in humanitarian assistance to provide food, water, shelter, medical care, and other essential services to civilians in Gaza and the West Bank, Ukraine, and other populations caught in conflict zones across the globe.
- $4.83 billion to support key regional partners in the Indo-Pacific and deter aggression by the Chinese government.
- $2.44 billion to support operations in the U.S. Central Command and address combat expenditures related to conflict in the Red Sea.
- $2.33 billion to continue support for Ukrainians displaced by the war and other refugees fleeing persecution.
The bipartisan border policy changes negotiated by Senators Chris Murphy (D-CT), Kyrsten Sinema (I-AZ), and James Lankford (R-OK), includes extensive funding for immigration agencies as follows:
- More than $7 billion for Immigration and Customs Enforcement (ICE)
- More than $6 billion for U.S. Customs and Border Protection (CBP)
- Close to $3 billion for U.S. Citizenship and Immigration Services (USCIS)
- $440 million for the immigration courts
- $400 million for the Nonprofit Security Grant Program to help nonprofits and places of worship make security enhancements.
- $350 million for legal representation for children ages 13 and younger.
What’s next: Majority Leader Chuck Schumer (D-NY) announced that the Senate will vote on this measure on Wednesday, February 7, 2024. It is unclear whether the bill has enough bipartisan support to pass the Senate.
What they’re saying: House Speaker Mike Johnson (R-LA) has stated his opposition to the bill.
The “Border Act of 2024”
Immigration and border legislative changes, negotiated by Senators Chris Murphy (D-CT), Kyrsten Sinema (I-AZ), and James Lankford (R-OK), are included as “The Border Act of 2024.” Those provisions include:
- The creation of a new “border emergency authority” requiring the closure of the border if the number of encounters on a single day exceeds 8,500. The border emergency authority may be exercised if the 7-day average number of cumulative encounters of inadmissible aliens is between 4,000 and 5,000 per day and must be exercised if the 7-day average is above 5,000 per day. If a border emergency is declared, the DHS Secretary has the authority to prohibit the entry into the U.S. of all individuals, except unaccompanied minors, between ports of entry and may only screen individuals for eligibility for withholding of removal or protection under the Convention Against Torture.
- A prompt provisional screening of asylum seekers, where the migrant receives either a work authorization or immediate removal. The bill also increases the burden of proof for asylum seekers.
- The Afghan Adjustment Act, which includes a conditional permanent residency program and pathway to naturalization for Afghans who assisted the U.S. as “allies.”
- Amends Sec. 214(c) of the Immigration and Nationality Act (INA) to provide automatic work authorizations to:
- a fiancé, fiancée, or spouse of a United States citizen who has been admitted to await the approval of an immigrant visa;
- a child of a fiancé, fiancée, or spouse of a United States citizen who has been admitted to await the approval of an immigrant visa;
- and, the alien spouse or child of an H-1B visa holder.
- Authorizes an additional 250,000 immigrant visas for the next five fiscal years, divided between the family-based (32,000/fiscal year) and employment-based (18,000/fiscal year) visa categories.
- Relief for documented dreamers by freezing age or marital status determination for a dependent child of an H-1B visa holder at the individual’s age and marital status on the date of the initial petition.
- This ensures that children who currently “age out” of status due to the green card backlog will receive protection from deportation.
- To be eligible, individuals must have maintained their status as dependent children for at least eight years prior to reaching 21 years of age and sought to acquire lawful permanent resident status.
- Streamlines the military naturalization process.
- Creates a new nonimmigrant visa category for individuals with pending immigration petitions to allow them to visit for family purposes.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting or case-specific questions.