As bipartisan negotiations on border security continue, there are some positive signs of progress. One area of discussion that has gained traction is the expansion of tracking and expedited removal of migrants who cross the border illegally. According to a U.S. official and a Republican senator involved in the negotiations, this proposal could help address the issue more effectively.
The plan being considered involves expanding the Family Expedited Removal Management (FERM) program, which currently tracks migrant families using ankle bracelets, implements a curfew, and requires them to be monitored until their court hearings. If they do not qualify for asylum, they are prioritized for fast deportation. The Biden administration has already begun expanding FERM to more locations, signaling its support for this approach.
FERM offers an alternative to detention for families, keeping them out of the custody of Immigration and Customs Enforcement. The program could potentially be extended to monitor other migrants beyond family groups. However, this expansion would require additional funding for ICE officers to oversee monitoring and deportations, according to the official.
It is worth noting that the negotiations have faced challenges, particularly regarding mandatory detention for all migrants awaiting asylum decisions. Republican lawmakers have pushed for this requirement, which Democrats oppose. Critics argue that mandatory detention would contradict President Biden’s promise to end family and prolonged detention. Logistically, it may also be challenging given the current capacity of detention facilities.
Despite these hurdles, there have been positive developments in the negotiations. More people are now being briefed on the details of the discussions, indicating progress. Senate Democrats recently had an extensive discussion led by key negotiator Chris Murphy, while Republicans have held multiple sessions with their top negotiator, James Lankford. Both sides express hope that a deal is within reach, although some differences still need to be resolved.
However, negotiations have been complicated by demands from Republicans to tie funding for Israel and Ukraine to border security. Another significant point of contention has been humanitarian parole, which the Biden administration has used to allow certain populations to enter the U.S. Democrats oppose the idea of retroactively taking away humanitarian parole from these groups. One potential compromise suggested by Senator Thom Tillis is to implement a cap on the number of immigrants who can enter through humanitarian parole, subject to congressional approval for any number exceeding the cap.
Ultimately, negotiators have made progress on several changes that could lead to significant reforms in U.S. immigration policy. However, until all details are finalized, the deal remains uncertain. The negotiators are aware of the challenges ahead but are determined to reach the finish line.
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Julia Ainsley is a homeland security correspondent for NBC News, covering the Department of Homeland Security and the Justice Department for the NBC News Investigative Unit. Julie Tsirkin is a correspondent covering Capitol Hill. Frank Thorp V is a producer and off-air reporter covering Congress for NBC News, managing coverage of the Senate.