Washington — The Biden administration on Tuesday indicated to congressional lawmakers that it would be willing to support a new border authority to expel migrants without asylum screenings, as well as a dramatic expansion of immigration detention and deportations, to convince Republicans to back aid to Ukraine, four people familiar with the matter told CBS News.
The White House informed Senate Democrats that it could back those sweeping and hardline immigration policy changes as part of the negotiations over President Biden's emergency funding request, a roughly $100 billion package that includes military aid to Israel, Taiwan and Ukraine, as well as money to bolster border enforcement and hire additional immigration officials.
For weeks, a small group of senators have been attempting to reach an immigration enforcement deal. Republicans have conditioned any further assistance to Ukraine to policy changes designed to reduce the unprecedented levels of illegal crossings along the southern border.
Mr. Biden's Administration Engages with Lawmakers on Immigration
In recent days, the Biden administration has been actively engaging with lawmakers to address immigration issues. Homeland Security Secretary Alejandro Mayorkas has started engaging with negotiators in the Senate this week, according to sources. Mayorkas was seen arriving on Capitol Hill on Tuesday afternoon as lawmakers continued talks aimed at reaching a deal before Congress adjourns for the holidays. The White House and the offices of the lead Senate negotiators have been contacted for comment.
New Legal Authority and Nationwide Expansion
The White House has indicated its support for a new legal authority that would allow U.S. border officials to summarily expel migrants without processing their asylum claims. This measure would effectively revive the Trump-era Title 42 pandemic order and pause U.S. asylum law, without a public health justification.
In addition, the administration will back a nationwide expansion of expedited removal, a process that allows immigration officials to deport migrants without court hearings if they do not ask for asylum or if they fail their initial asylum interviews. Currently, this program is limited to the border region.
Mandatory Detention and Screening Standard
The White House is also willing to mandate the detention of migrants who are allowed into the country pending the adjudication of their claims. However, the logistics of implementing this provision remain unclear, as the U.S. government has never had enough detention space to detain all migrants who cross into the country illegally.
Furthermore, the administration and some Senate Democrats have expressed a willingness to raise the initial screening standard for credible fear interviews that migrants have to pass in order to avoid being deported under expedited removal.
