Senators release a $118 billion package that pairs border policies with aid for Ukraine and Israel

WASHINGTON — The Senate on Sunday released its long-awaited $118 billion supplemental bill with immigration reforms and aid for Ukraine, Israel and other allies, triggering backlash from border hawk House Republicans who called it a “non-starter.”

The national security package, which had first been floated by President Biden in October, was pushed by the Senate’s majority leader, Chuck Schumer (D-NY), and minority leader, Mitch McConnell (R-Ky.), who tapped a bipartisan group of negotiators to craft it late last year.

The 370-page bill includes $60 billion in military assistance for Ukraine, $20 billion in border security provisions, $14 billion in military aid for Israel and $10 billion in humanitarian aid for Gaza, the West Bank and other war-torn regions.

Schumer announced the text was nearing completion late last week and filed cloture to set up a vote on the bill by Wednesday. It will take the support of at least 60 senators to clear the filibuster and send it to the House.

The bill would eliminate the Biden administration’s so-called “catch and release” policy for asylum seekers, which currently releases migrants immediately into the US to await court hearings, sometimes held 10 years later.

All asylum seekers would now be screened within 90 days and subject to final judgments on their cases within 180 days. Those flagged during their initial screening as terrorists or criminals would also be barred from entry.

Other provisions were taken from House Republicans’ signature border legislation, H.R. 2 — including the provision of 50,000 additional beds in federal detention spaces and appropriating $650 million in funding for the southern border wall.

Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.) hashed out the most hotly contested border policy changes — portions of which were leaked in draft form last month.

Several of those appeared in the final text, including an emergency Title 42-style authority that would let the president shut down the border when crossings exceed a 5,000-per-day average over a one-week period.

Biden, referencing the authority, has said he would use it to “shut down the border” as soon as the bill is signed into law.

“This is the most misunderstood portion of the entire bill. There’s a perception that this allows 5,000 people in a day to be able to come in. That is absolutely not what it is,” Lankford told reporters on a Sunday night press call. “This is set up to be able to change the current paradigm. Currently, if the border is overrun, the default is, release everyone into the country. This changes the paradigm 180 degrees. When the border’s being overrun, everyone is deported.”

“You can still have an orderly request for asylum at a port of entry, but everyone else that crosses does not get to apply for asylum and has a very rapid turnaround to be able to make sure that we regain orderly control of the border,” he added. “The current working theory is once the border closes, it would most likely stay closed for three weeks or more until there’s some order that can be reestablished. So that actually resets us significantly.”

The bill also extends an additional 50,000 work visas to the family members of migrants, as well as to those of H-1B highly skilled tech immigrant workers.

Republicans who were skeptical of the border deal denounced it Sunday evening in posts on X, with Mike Lee of Utah calling it “an elaborate practical joke.”

“Looks like we are codifying the Biden Asylum Rule: you don’t even have to go before an immigration judge to be granted asylum,” he added in comments on several provisions. “Biden can say anything is in the ‘national interest’ and thereby suspend the ‘border emergency authority.’ Don’t pretend to be surprised when he does. Or better yet—don’t pass this hot mess!”

With Congress also stalled on approving $60 billion in Ukraine aid, the US has halted shipments of ammunition and missiles to Kyiv, leaving Ukrainian soldiers outgunned as they try to beat back Russia’s invasion.

Biden, 81, said in a statement that the Senate proposal “allows the United States to continue our vital work, together with partners all around the world, to stand up for Ukraine’s freedom and support its ability to defend itself against Russia’s aggression.”

And on the border, Biden said that the immigration system has been broken for too long, and it’s time to fix it. “It will make our country safer, make our border more secure, treat people fairly and humanely while preserving legal immigration, consistent with our values as a nation,” Biden said.

But House Speaker Mike Johnson (R-La.) blasted the legislation on X shortly after its release and said it was “dead on arrival” in the House.

“I’ve seen enough. This bill is even worse than we expected, and won’t come close to ending the border catastrophe the President has created. As the lead Democrat negotiator proclaimed: Under this legislation, ‘the border never closes,’” Johnson said, referring to comments Murphy made about the bill’s scope.

Asked for his reaction on a call with reporters, Lankford shot back, “I’m a little confused how it’s worse than they expected when it builds border wall, expands deportation flights, expands ICE officers, border patrol officers, detention beds, how it creates a faster process for deportation, how it clears up a lot of the long-term issues and loopholes that have existed in the asylum law, and then gives us an emergency authority that stops the chaos right now on the border.”

House GOP Conference Chairwoman Elise Stefanik (R-NY) ripped the measure as a “Joe Biden/Chuck Schumer Open Border Bill,” calling it “an absolute non-starter and will further incentivize thousands of illegals to pour in across our borders daily.”

“House Republicans have already passed HR2 – the Secure Our Border Act, which would actually secure the border and return to the effective Trump policies with the most secure border in our nation’s history,” she posted on X within a half hour of the bill’s release.

“Let me be clear,” added House Majority Leader Steve Scalise (R-La.) “The Senate Border Bill will NOT receive a vote in the House.

“Here’s what the people pushing this “deal” aren’t telling you,” Scalise went on. “It accepts 5,000 illegal immigrants a day and gives automatic work permits to asylum recipients—a magnet for more illegal immigration.”

The new bill would also invest in US defense manufacturing, send $14 billion in military aid to Israel, steer nearly $5 billion to allies in the Asia-Pacific, and provide humanitarian assistance to civilians caught in conflicts in Ukraine and Gaza.

“The United States and our allies are facing multiple, complex and, in places, coordinated challenges from adversaries who seek to disrupt democracy and expand authoritarian influence around the globe,” Schumer said in a statement.

One line item would halt all further funding to the United Nations Relief and Works Agency, which assists Palestinian refugees in Gaza and has recently faced accusations that 12 of its employees participated with Hamas in the Oct. 7 terror attack against Israel.

Biden’s State Department has contributed roughly $1 billion to UNRWA and remained its largest donor until temporarily pausing its funding on Jan. 26 following the accusations, which were based on an Israeli intelligence dossier.

In a bid to overcome opposition from House Republicans, McConnell had insisted last year that border policy changes be included in the national security funding package. 

However, in an election-year shift on immigration, Biden and many Democrats have embraced the idea of strict border enforcement, while Donald Trump and his allies have criticized the proposed measures as insufficient.

Johnson indicated Saturday that the House will vote on a separate package of $17.6 billion of military aid for Israel — a move that allows House Republicans to show support for Israel apart from the Senate deal.

Meanwhile, Sinema told CBS’ “Face the Nation” Sunday that the legislation would be “realistic, pragmatic, and the strongest solution to our border crisis in my lifetime.”

“I feel confident that when our bill passes the Senate and gets to the House, members of the House, including Speaker Johnson, will have had ample opportunity to read, understand the bill and ask questions,” Sinema said.

When fiscal year 2023 ended last Sept. 30, a record-shattering 2.47 million migrants had been apprehended by US Customs and Border Protection on the southern border — and the record for monthly crossings was broken months later in December, with 302,034 recorded crossings.

The border proposal, which took months to negotiate, is aimed at gaining control of an asylum system that has been overwhelmed by historic numbers of migrants coming to the border. The bill proposes an overhaul to the system with tougher and quicker enforcement measures.

White House spokesperson Andrew Bates said Sunday that Johnson has “continued to tie himself in knots to delay border security, delay crucial investments in the fight against fentanyl, and delay Border Patrol hiring — as a host of his House Republican colleagues openly state that they only oppose the bipartisan border deal because of former President Donald Trump.”

At the state level, Republican governors have considered sending National Guard troops to the border. Texas Gov. Greg Abbott, who again led a group of more than a dozen other GOP governors to the southern border near Eagle Pass on Sunday, has been cheered on by those in his party over his extraordinary showdown with the Biden administration regarding immigration enforcement.

Among Democrats, the tougher asylum standards have raised concern, especially from progressive and Hispanic lawmakers. While the wings of both parties have been openly critical of the policies under discussion, many have withheld final judgment until they can review the text of the bill, which was a closely guarded secret in the Capitol.

The $14 billion in the package intended for military support for Israel could also splinter Democratic votes. Sen. Bernie Sanders (I-Vt.) is pushing to strip $10 billion for offensive weaponry for Israel from the package while maintaining money for defensive systems.

House Democratic Leader Hakeem Jeffries suggested in an interview on ABC’s “This Week” that he would be supportive if it gets to the House.

“It should not be dead on arrival,” he said. “We need more common sense in Washington, D.C., less conflict and less chaos. We’re in a period of divided government. That means we should be trying to find bipartisan common ground.”

Senators completed the border proposal on Friday, but other portions of the package, including aid for US allies, investments in defense manufacturing capabilities and humanitarian assistance for people caught up in conflicts in Gaza and Ukraine, were still being negotiated by Senate appropriators.

However, Sen. Lindsey Graham, a South Carolina Republican, suggested during an interview on “Fox News Sunday” that GOP senators would push to slow the Senate from advancing the bill quickly.

“We’re not going to deal with this next week,” he said. “It’s too important.”

Its consideration may also be slowed by the passage of impeachment articles in the House against Homeland Security Secretary Alejandro Mayorkas, which are slated for a vote this week.

The Senate would need to immediately hold a trial to decide whether to convict Biden’s chief border enforcement officer if the two articles are approved.