PolicyBrief
S.RES. 29
119th CongressJan 21st 2025
An original resolution expressing the sense of the Senate that the President of the United States possesses legal authority under existing law to take immediate and necessary action to secure the southwest border of the United States.
AWAITING SENATE

This resolution affirms the President's legal authority to secure the U.S. southwest border using existing laws and urges the implementation of stricter immigration enforcement measures.

Rand Paul
R

Rand Paul

Senator

KY

LEGISLATION

Senate Resolution Urges President to Use Existing Powers for Immediate, Sweeping Border Crackdown

This Senate resolution isn't proposing new laws—it's a strong message to the President, saying he already has all the power he needs to clamp down on the southwest border, right now. It's framed around the idea that the current administration has been lax, citing stats like 11,000,000 unlawful entry attempts and apprehensions of suspected terrorists (nearly 400 between ports of entry and 1,587 at ports of entry) since the start of the Biden-Harris Administration.

The Border Blitz: What the Resolution Demands

The resolution pushes for a total policy reversal, urging the President and the Secretary of Homeland Security to use every existing law to:

  • Immediately remove or return illegal aliens: This includes sending asylum seekers back to Mexico without the usual processing.
  • Reinstate "Remain in Mexico": This controversial policy, officially called the Migrant Protection Protocols, forced asylum seekers to wait in Mexico while their U.S. cases were processed.
  • End "Catch and Release": Stop releasing apprehended individuals while they await immigration hearings.
  • Detain, Detain, Detain: Lock up inadmissible aliens.
  • Fast-Track Deportations: Use "expedited removal" to deport people quickly, potentially with less legal review.
  • Cut Off Benefits: Eliminate any taxpayer-funded benefits for undocumented immigrants.
  • Make Asylum Claims Harder: The resolution seeks to make illegal aliens ineligible for asylum.

Real-World Impact: Back to the Future?

If the President acts on this, we're looking at a return to, and potentially an intensification of, Trump-era border policies. Think families potentially separated at the border, more people in detention centers, and a much harder path for asylum seekers. For example, a family fleeing violence in Central America could be immediately sent back to Mexico, regardless of their circumstances. A construction worker overstaying their visa could be deported with limited legal recourse. The resolution cites section 235(b)(2)(C) of the Immigration and Nationality Act as giving the Department of Homeland Security the authority to return asylum seekers to a contiguous foreign territory, and mentions the President's broad authority to suspend or restrict the entry of aliens.

The Big Picture: Power Play and Potential Problems

This resolution is essentially a political maneuver, putting pressure on the President to take a hardline stance. It frames the border situation as a national security crisis, citing the apprehension of individuals with criminal records (over 120,000 since October 1, 2021, including those convicted of assault, theft, sexual offenses, and homicide). While increased border security might sound good on paper, the "how" matters. Expedited removals and limiting access to asylum could mean people with legitimate claims are denied a fair hearing. The emphasis on immediate action could also lead to more mistakes and potential human rights violations. It could also make things even more chaotic at the border in the short term. Finally, it is worth noting that the resolution's sponsor receives significant funding from conservative groups that may benefit from stricter immigration policies.