Briefing

4 proposed solutions to the U.S. border crisis

Can America's illegal immigration problems be fixed with sensible policy?

Immigration and border security have long been points of contention in American politics, as lawmakers struggle to find lasting solutions to the influx of migrants seeking asylum in the U.S. In the 2022 fiscal year, the number of undocumented immigrants crossing the southwest border topped 2.76 million, surpassing the previous annual record high. There is plenty of finger-pointing about the border crisis, but reasonable suggestions for solving the problem are harder to come by. Here are four solutions put forward by lawmakers in recent months, and the response they've received.

1

No visa, no entry

The Border Safety and Security Act of 2023, authored by Rep. Chip Roy (R-Texas), would mandate that the Department of Homeland Security (DHS) block entry at the border to anyone who doesn't have a visa, even if the individual has a legitimate reason to seek asylum. It would give the secretary of Homeland Security the discretion to block migrants from entering the country to "achieve operational control" over the border. If the secretary failed to block asylum seekers, the bill would allow state attorneys general to "bring an action" against him or her in a U.S. district court. 

Refugee and human rights organizations say the bill could mean the end of "access to asylum at all U.S. borders, even for children." House Speaker Kevin McCarthy (R-Calif.) promised to fast-track a vote on the bill, but its path to the floor was blocked by several moderate House Republicans. "Trying to ban legitimate asylum claims — one, it's not Christian, and two, to me, it's very anti-American," said Rep. Tony Gonzales (R-Texas), one of two Republicans leading the charge against the bill, per The Washington Post.

2

Build the wall

Ahead of the 2022 midterm elections, then-House Minority Leader McCarthy previewed the GOP's planned agenda for when the party took back the House, called the "Commitment to America." Addressing immigration, the plan put forward the Border Security for America Act to secure the border "through the renewal of border wall construction contracts, investments in advanced technologies, and bolstering support for federal law enforcement officers and specialists." The framework also included plans to extend Title 42, require legal status for employment, and "eliminate welfare incentives."

Texas Rep. Tony Gonzales, who represents a large portion of the population along the U.S.-Mexico border, told reporters he supported McCarthy's proposed framework. "This Democrat House leadership has failed America," he said. "People are no longer safe. People in my district no longer feel safe." But the plan offers "only vague policy solutions," Time reported, with the aim of uniting Republicans on immigration but using "language imprecise enough that they would not be beholden to specific policy expectations."

3

Incentivize legal entry

President Biden announced border reinforcement plans in January 2023, including "new consequences" for unlawful entry, while at the same time creating "new and expanded legal pathways" to immigration into the U.S. — as well as countries in Central America — to ease the border crush. Biden expanded the controversial Trump-era border policy Title 42 that allows for increased expulsion of migrants from Cuba, Haiti, Nicaragua, and Venezuela while also granting humanitarian parole to 30,000 people from each country monthly, as long as they apply for asylum legally through the administration's processes.

Before Biden expanded Title 42, the policy was set to expire, prompting panic from many Republicans. "If the courts do not intervene and put a halt to the removal of Title 42, it's going to be total chaos," Texas Gov. Greg Abbott said. But Biden's move was met with heavy criticism from Democratic lawmakers and human rights advocates who accused him of flip-flopping on the immigration crisis. Sunil Varghesem, policy director of the International Refugee Assistance Program, denounced Biden's new plan as an "attempt to score political points at the border." 

4

Go bipartisan

One of the biggest challenges to immigration reform is finding a solution that satisfies both Republicans and Democrats. In late 2022, Arizona Sen. Kyrsten Sinema (I) tried to appease both by partnering with Sen. Thom Tillis (R-N.C.) on a bipartisan proposal that would provide a legal pathway to citizenship for 2 million DREAMers — undocumented migrants brought into the U.S. as children. In exchange, the bill suggested allocating at least $25 billion in increased funding for Border Patrol and security, along with an extension of Title 42 for at least a year in order to facilitate the construction of new "regional processing centers," per The Washington Post. The framework built on the Bipartisan Border Solutions Act of 2021 that Sinema co-authored with Sen. John Cornyn (R-Texas). 

House representatives from both parties opposed the bill's attempt to link border security funding to citizenship for DREAMers, though for different reasons.  

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