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
Senator
KY
This resolution affirms the President's existing legal authority to secure the U.S. southwest border under the Immigration and Nationality Act. It urges the President and Homeland Security Secretary to reinstate and implement policies that deter illegal immigration, protect national security, and ensure lawful entry. These policies include immediate removal of illegal aliens, reinstatement of the Remain in Mexico policy, ending catch-and-release, and ending taxpayer-funded benefits for illegal aliens. The resolution highlights concerns about the number of illegal entries, apprehensions of suspected terrorists, and encounters with illegal aliens with criminal records.
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 resolution pushes for a total policy reversal, urging the President and the Secretary of Homeland Security to use every existing law to:
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.
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.