From Sen Sinema website.....one of the main objectives of the bill was to give DHS the authority to "shut down" the border when their capacity to process people is overwhelmed. Currently, DHS has no such authority.
Myth: This bill will let 5,000 migrants into the country per day.
Fact: The bill ends catch and release.
The new Border Emergency Authority (BEA) closes the border to prevent the system from being overwhelmed. In December of 2023, there were over 300,000 migrant encounters along the southwest border. These historically high numbers have overwhelmed the system. Currently, most migrants approaching the border are released into the interior of the country. The bill ends catch and release by detaining and removing individuals quickly, and placing those who cannot be detained into non-custodial rapid processing under government supervision. The bill creates a rapid consequence system: those who do not have valid claims to asylum will be quickly removed from the country.
When the number of people approaching the border exceeds our ability to process them, DHS will now have a new authority – called the Border Emergency Authority – to stop migrant surges that overwhelm the border. This authority allows DHS to quickly reassert control of the border and the system.
The BEA is a backstop for use in emergency situations. If the number of migrants attempting to cross the border – including migrants using the CBP One app at Ports of Entry – continues at its current high pace, the border WILL be shut down. If the daily average of migrant encounters reaches 5,000 over a week, DHS must close the border indefinitely until numbers fall and DHS has processing capacity and operational control of the border.
● 5,000 refers to total migrants attempting to cross the border – not the number of individuals allowed into the country, as some have claimed. The bill ends the practice of catch and release.
● All migrant encounters – with or without BEA in effect – will be processed using the new removal authority. Those who seek asylum will undergo a swift Protection Determination Interview at the higher screening standard and will be immediately removed from the country if they fail.
The border will not reopen until numbers reduce to a level that allows DHS to regain operational control for a sustained period.