Rep. Herrell introduces bill to use foreign aid to deport illegal immigrants, stop migrant caravans

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National Border Patrol Council president: 'We are not doing the job we are supposed to be doing'

National Border Patrol Council President Brandon Judd slams the Biden administration for planning to end Title 42 as the southern border continues to see record-breaking encounters.

FIRST ON FOX: Rep. Yvette Herrell, R-N.M., on Thursday introduced legislation that would see the U.S. use foreign aid to pay to deport illegal immigrants, as part of an effort to push back against caravans of migrants coming to the U.S.

The Anti-Caravan Act of 2022 directs the State Department to use $60 million of already appropriated funding for foreign aid to pay for up to 70% of the cost of repatriation flights for illegal immigrants from Central America to their home countries.

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It also would require the State Dept. to develop a program to provide the money to countries that have a policy that deters illegal migration to the U.S. That funding would be used for detention, processing cases and repatriation flights. Herrell's office said that the money is not derived from anti-drug money to Colombia or to confront Venezuela's Maduro regime, and instead is for money appropriated to stop illegal immigration.

The legislation would also make migrants who participate in a caravan – defined as a group of 25 or more people – ineligible for asylum for 10 years. Caravan organizers would be ineligible for 30 years and face potential prison sentence of a minimum of 10 years. The bill also states that asylum seekers must request asylum via a port of entry.

Dec. 7, 2022: Immigrant men from many countries are taken into custody by U.S. Border Patrol agents at the U.S.-Mexico border on December 07, 2021 in Yuma, Arizona. (Photo by John Moore/Getty Images) (John Moore/Getty Images)

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Caravans of migrants that can easily overwhelm Border Patrol agents have been an ongoing concern for years. Border Patrol Chief Raul Ortiz said this week that two large groups totaling 275 migrants were encountered within hours of each other.

"These are coordinated illegal entries into the U.S. by transnational criminal organizations with the intent to exhaust our resources to one area, in an attempt to exploit other locations," he said.

The bill comes as there is widespread concern about the Biden administration’s plan to lift the Title 42 public health order, which has been used to expel more than half of migrants coming to the border. Republicans and Democrats have warned it could lead to an overwhelming surge in migrants. DHS has been planning for up to 18,000 migrants a day, and Border Patrol has already been encountering approximately 8,000 a day -- often coming in large groups.

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While the Biden administration has blamed root causes like violence, poverty and climate change, Republicans have placed the blame for the continually high migrant numbers on the administration’s policies.

Herrell, in a statement, accused the Biden administration of looking to throw away the few tools available to fix the situation, like Title 42 and Remain in Mexico.

"Massive migrant caravans are a national security threat and an attack on the sovereignty of the United States; my legislation would use existing funds to repatriate aliens in cooperation with friendly Central American countries, whose communities and indigenous peoples are also being harmed by illegal caravans," she said. 

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"We must make it clear to organizers and participants in these caravans: you will not breach our borders, and you will not violate our laws through sheer numbers," she said.

It is one of a number of Republican efforts to combat the spike in numbers. Republicans in the House and Senate have introduced legislation to allow Title 42 to be used under the justification of stopping drug smuggling, while Republican states have sued to stop the ending of the order.