The Senate Border Deal Should Be Rejected on the Merits

The proposal would undermine the existing presumptions in the law that illegal aliens should be apprehended, detained, and rapidly removed.

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Migrants stand near the border wall after having crossed the U.S.-Mexico border to turn themselves in to U.S. Border Patrol agents, after the lifting of COVID-19 era Title 42 restrictions that blocked migrants at the border from seeking asylum since 2020, seen from Ciudad Juarez, Mexico, May 12, 2023.

Jose Luis Gonzalez/Reuters

On X/Twitter, Fox News’ superb reporter Bill Melugin has a good analysis of the long-awaited Senate border legislation. It is very fair in presenting what is enticing about the proposal. The problem is that what is enticing is disingenuous and, ultimately, counterproductive.

That is to say, the good in the bipartisan Senate negotiators’ proposal — and there definitely is some — (a) can already be accomplished under current law, and (b) would require faith that the Biden administration will for some reason enforce these provisions even though it has systematically refused to enforce existing border-security provisions. More important, to get the illusory good in the proposal, Congress would have to enact provisions in the deal that would both undermine existing statutory restrictions and etch into our law magnets for illegal immigration.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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