House passes GOP package to bolster border security, overhaul asylum process

close

Video

Footage captures crisis at the southern border just before Title 42 ends

Dramatic footage show the scene at the southern border, as tens of thousands of migrants seek entry into the US after the expiration of Title 42.

The GOP-led House on Thursday passed a significant and wide-ranging border security and asylum reform package, just as the U.S. braces for a new migrant surge with the looming end of Title 42.

The Secure the Border Act was a months-long effort to deliver on promises made during the 2022 midterm campaigns on both securing the besieged southern border and making fixes to the immigration and asylum process, which Republicans believe is being exploited.

The bill marks another major win for House Speaker Kevin McCarthy and includes measures to restart border wall construction and significantly increase the number of Border Patrol agents. It would also that would enshrine the Trump-era Migrant Protection Protocols (MPP) and Asylum Cooperative Agreements (ACAs), change laws related to unaccompanied children and restrict the use by the federal government of humanitarian parole.

BORDER PATROL ENCOUNTERS 10,000 MIGRANTS FOR THIRD DAY IN A ROW AS NUMBERS SWELL BEFORE TITLE 42 DROPS 

The legislation, which is the result of work from the House Judiciary, Homeland Security and Foreign Affairs committees, would expand the type of crimes that make someone ineligible for asylum, limit the eligibility to those who arrive at ports of entry, would mandate a system similar to the E-Verify employment eligibility verification system and would create additional penalties for visa overstay.

MATAMOROS, MEXICO - MAY 11: Migrants speak with members of the Texas National Guard and other law enforcement officials after crossing the Rio Grande to try and enter the United States on May 11, 2023 in Matamoros, Mexico.  (Joe Raedle)

The House had hoped to pass the bill over the winter, but Republicans had struggled to find a consensus. The bill received no Democratic votes and saw two Republicans — Rep. Thomas Massie, R-Ky., and John Duarte, R-Calif. — voted against.  Critics had said the bill restricts the ability of foreign nationals to claim asylum, while the Republican opponents had objected to the mandatory E-Verify.

"Moments ago, House Republicans passed the strongest border security bill this country has ever seen. This bill secures the border from President Biden's record crossings, record carelessness, and record chaos," McCarthy said at a press conference after the bill passed.

Committee Chairs Jim Jordan, Mark Green and Michael McCaul, hailed the legislation as an example of the GOP delivering "real actionable solutions to restore law and order at our border."

"After months of meticulous work in our committees and hearing from Border Patrol agents, property owners, business owners and everyday Americans on the frontlines of this crisis, House Republicans are fighting to do what the Biden administration refuses to: secure our sovereign borders and protect Americans. The images coming out of border communities preparing for the end of Title 42 this week are horrifying. There’s no question the border is not secure and the Biden administration has lost all control," they said.

AS MIGRANT WAVE HITS THE BORDER, MAYORKAS SAYS IT WILL ‘TAKE TIME’ FOR RESULTS OF TITLE 42 PLAN TO BE REALIZED

However, the bill appears to have limited chance of success in the Senate, while the White House announced this week that President Biden would veto it if it made it to his desk.

"The bill would cut off nearly all access to humanitarian protections in ways that are inconsistent with our Nation’s values and international obligations. In addition, the bill would make processing less efficient by prohibiting the use of the CBP One mobile application to process noncitizens and restricting DHS’s parole authority, such that successful programs, like ‘Uniting for Ukraine,’ would be prohibited," the White House said. "The bill would also reduce authorized funding for essential programs including the Shelter and Services Program that provides a critical source of funds for state and local governments and reduces pressure at the border. 

"While we welcome Congress’ engagement on meaningful steps to address immigration and the challenges at the border, this bill would make things worse, not better. Because this bill does very little to actually increase border security while doing a great deal to trample on the Nation’s core values and international obligations, it should be rejected," the statement said.

Dozens of migrants try to escape the Texas sun in downtown El Paso. Many are sleeping in Sacred Heart Church and on the street as they wait for transportation to their next destination.  (Mills Hayes/Fox News)

Immigration hawks, who had pushed for such an approach to legislative action, praised the Republican passage of the legislation. 

MAYORKAS ISSUES NEW WARNING TO MIGRANTS AS BORDER PATROL MAKES RECORD APPREHENSIONS AHEAD OF TITLE 42'S END

"Last fall, I noted that the time for excuses was coming to an end, and that Congress must take actual steps to hold the Biden Administration accountable for the chaos and carnage they have unleashed on our southern border. Thankfully, that is exactly what House Republicans did today," Tom Homan, a former acting ICE director and a visiting fellow at the Heritage Foundation said in a statement. "Passage of the Secure the Border Act fulfills promises to the American people on delivering solutions to a self-inflicted crisis that harms not just cities and states along the border, but every city and state around the country. The bill’s intentions and contents are clear – it would end the crisis and restore sanity, safety, and security at our borders. It is vital that the Senate takes note of what the House did and swiftly brings this bill to the floor."

Fox News Digital spoke to GOP lawmakers ahead of the vote. Chairman Green told Fox that the primary goal was to get some measure through the House.

"We've got to do something today with Title 42 expiring," he said. "Working with all the members, getting it done that was most important."

Asked about the possibility of getting Democrats to support the bill in the Senate, Rep. Greg Murphy, R-N.C., said he believes that the visa system could form a basis for discussion.

"The visa system in this country allows people to come in the country legally, work and pay taxes, send money back home, or use it as it is," he said. "So I think using that as a basis for how we start is going to be critical. We have to have secure borders because criminals want to come in, we've seen people on the terror watch list come in, and we've seen an explosion in fentanyl coming into this country, so we have to do what we can to stop the illegal activities from coming in while safely allowing legal immigration to occur."

Rep. Scott Fitzgerald, R-Wis., said he believes the passage of the bill could provide some momentum and lead to more pressure on Democrats.

"I do think there are certain pieces or parts of this that there’s going to be pressure on Democrats if they don’t support the bill on the floor today to go back to the district to say they voted against 1, 2 and 3," he said. "So I think it creates political momentum."

The bill's passage comes just hours before the Title 42 public health order is due to expire, which has seen migrants surging to the border in the hope of being released into the U.S. once the order ends. Agents have encountered over 10,000 migrants a day in recent days, and it is feared more migrants may surge to the border once Title 42 ends later on Thursday.

Administration officials have conceded that, despite a broad plan that includes stiffer Title 8 penalties and expanded legal pathways, the days ahead are likely to be difficult. Fox News reported on Thursday that officials have authorized the release of migrants into the interior to cope with overcrowding.

CLICK HERE TO GET THE FOX NEWS APP

"We expected to see large numbers of encounters initially. We are already seeing high numbers of encounters in certain sectors," DHS Secretary Alejandro Mayorkas said on Thursday. "This places an incredible strain on our personnel, our facilities and our communities with whom we partner closely. We prepared for this moment for almost two years and our plan will deliver results. It will take time for those results to be fully realized, and it is essential that we all take this into account." 

Fox News' Chad Pergram, Tyler Olson and Chris Pandolfo contributed to this report.