Proposed border deal Sinema helped craft could overhaul U.S. asylum system. What to know

Independent Arizona Sen. Kyrsten Sinema launched an effort Sunday to convince her fellow senators to support a new bipartisan border deal that she helped negotiate, though the bill ultimately may be dead on arrival in the House of Representatives.

The agreement would mandate a drastic overhaul of the existing asylum system in the United States, in exchange for military spending for U.S. allies abroad.

Among other provisions, it would allow the federal government to conditionally shut down all asylum processing along the U.S.-Mexico border and to reduce from years to months the length of time it takes to adjudicate asylum cases.

“We'll no longer have people just entering the country and maybe going to court in the next seven or ten years,” Sinema said on Sunday morning. “Folks who do qualify for asylum will be on a rapid path, six months or less, to start a new life in America. And those who do not qualify will quickly be returned to their home countries.”

The border deal is part of a $118 billion package revealed Sunday that also includes new aid for Ukraine, Israel, and other U.S. allies.

Republicans have been highly critical of President Joe Biden’s approach to border enforcement, going so far as to launching impeachment proceedings against Homeland Security Secretary Alejandro Mayorkas. They’ve conditioned any military support to Ukraine, Israel and Taiwan to a reduction in the number of migrants crossing the U.S.-Mexico border.

But in recent days, former president and Republican front-runner Donald Trump has urged Republicans to reject any deal, even before the details were unveiled. If approved in the Senate, the agreement likely would face a tougher path in the Republican-led House. Republicans have been campaigning heavily on the situation at the border as the November elections approach, and passing an agreement could blunt their attacks on Biden.

“They get to make a choice. Do you want to secure the border?” Sinema told Republicans during an appearance on CBS’ "Face The Nation."

Since the fiscal year began in October, U.S. Customs and Border Protection has encountered more than 785,000 migrants, but that doesn’t include January numbers, which are not yet available.

The number of migrants arriving has overwhelmed border officials since many of them are turning themselves in to claim asylum, forcing Customs and Border Protection to redirect resources to processing migrants, including by shutting down ports of entry.

Since October, Customs and Border Protection has released approximately 580,000 of encountered migrants into the U.S. interior under several parole authorities, according to the agency’s own data. Once released into the interior, migrants can apply for asylum or fight their deportation in immigration courts. But there is a growing 3.2 million-case backlog, and it can take years to decide a single case.

Sinema has been working for months with Republican Sen. James Lankford of Oklahoma and Democratic Sen. Chris Murphy of Connecticut to craft an agreement that they claim would disincentivize migrants from making fraudulent claims and therefore reduce crossings at the border.

Under the agreement, Customs and Border Protection would be required to shut down all asylum processing along the entire length of U.S.-Mexico border if the number of migrant encounters exceed 5,000 people per day. It also includes conditional provisions that allow CBP to take this step if encounters reach 4,000 migrants per day.

“The reason we're doing that is because we want to be able to shut down the system when it gets overloaded, so we have enough time to process those asylum claims," Sinema said.

Migrants who manage to reach the border and present themselves to claim asylum to U.S. border officials would be placed under two separate tracks under the agreement but would be required to show more proof that they would qualify for protection in the country.

Sinema said migrants would be placed into short-term detention, where they would undergo an asylum interview to screen individuals who meet the standards to claim asylum. If they do not, they would then be “swiftly” deported, she said.

A second track for families or individuals who cannot be detained for extended periods would see migrants released and supervised for three months. They also would undergo an asylum interview during that time, and be deported if they do not meet those standards for protection.

“These are powerful new tools that allow any administration, this one and future administrations, to actually gain control of the border by changing the asylum system so that cartels can no longer exploit it,” Sinema said.

The agreement faces an uphill battle to make its way through Congress and to Biden’s desk. The biggest test may come from the House, where Speaker Mike Johnson leads a Republican conference that is highly averse to working with Democrats.

Trump has railed against the agreement, even telling his supporters that he’ll take the blame if it falls through.

“They are using this horrific Senate Bill as a way of being able to put the BORDER DISASTER onto the shoulders of the Republicans. The Democrats BROKE THE BORDER, they should fix it. NO LEGISLATION IS NEEDED, IT’S ALREADY THERE!!!” Trump said on Jan. 29 on Truth Social.

In a statement released Sunday night, Biden said it was the "toughest and fairest set of border reforms in decades" and that he strongly supported it.

Senate Majority Leader Chuck Schumer, D-N.Y., called it a "monumental step" and Senate Minority Leader Mitch McConnell, R-Ky., said it included "direct and immediate solutions" and called upon the Senate to "carefully consider the opportunity in front of us and prepare to act."

Sinema appeared undaunted on Sunday by potential opposition from Republicans, saying she is committed to seeing the agreement voted through Congress.

“I think everyone has an opportunity to be persuaded,” she said.

Includes information from USA Today.

This article originally appeared on Arizona Republic: Sen. Kyrsten Sinema helps negotiate proposed border deal. What to know