Bipartisan Immigration Bill
S.4361 — 118th Congress (2023-2024)
Sponsored By, Senators Chris Murphy (D-CT), Kyrsten Sinema (I-AZ), and James Lankford (R-OK).The bill expands Department of Homeland Security (DHS) authority to address the processing of non-U.S. nationals (aliens under federal law) and provides supplemental appropriations for related purposes.
Among other provisions, the bill provides DHS emergency authority to summarily remove or prohibit the entry of certain non-U.S. nationals within 100 miles of the southwest land border. DHS may exercise this authority if DHS encounters an average of 4,000 non-U.S. nationals within a seven-day period. If the number of encounters reach certain higher thresholds, DHS must exercise the emergency authority. This emergency border authority expires after three years and may be modified by the President under specified circumstances.
Next, the bill establishes an expedited process that authorizes asylum officers to adjudicate certain asylum claims. Among other provisions, these provisional noncustodial removal proceedings impose certain target timelines for determining asylum claims and limit review of denied claims. The bill also establishes a stricter threshold for individuals to remain in the United States pending adjudication of an asylum petition.
The bill extends and establishes immigration pathways for Afghan citizens or nationals, including by (1) making certain individuals admitted or paroled to the United States eligible for conditional permanent resident status, and (2) expanding eligibility for special immigrant visas for certain individuals who were injured while supporting the U.S. mission in Afghanistan.
The bill also increases base pay for asylum officers and grants DHS temporary direct hire authority to hire personnel to implement the bill.
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What Is the ‘Bipartisan Border Bill’ and How Would It Change the US Immigration System?
1. Creates a New Border Expulsion Authority for the PresidentThe Border Act would give the president the authority to bar access to asylum or rapidly expel any person who enters the United States between a port of entry unless they meet a narrow exception. This expulsion authority is similar to the one currently in place under a recent rule issued by the Biden administration that also expels most people arriving between ports of entry when border crossings reach a certain number. Under current U.S. law, any person physically present in the United States has a right to apply for asylum, regardless of where or how they enter, so this rule faces ongoing litigation in the courts. This bill would change that. Under the Border Act, Congress would give the president authority by law to use this expulsion authority for any person who enters between ports of entry.
Speeds Up Asylum Processing at the Border and Creates a More Restrictive Standard
The bill seeks to decrease the overall time it takes to process claims for asylum or humanitarian protection for those arriving at the border who are not immediately expelled. This is to address delays and backlogs that historically have added to pressure and mismanagement at the U.S.-Mexico border.
Increases Funding for Several Key Agencies But Includes Dollars to Expand Immigration Detention and Build the Border Wall
he bill would provide approximately $20 billion for several federal agencies to increase border management and migrant processing capacity and reduce the excessive case backlogs that are delaying employment, family, and humanitarian visas. These dollars would support the hiring of new CBP officers, asylum officers, and immigration judges; support dedicated efforts to combat fentanyl and other drug smuggling; and offer $930 million to cities providing services to new migrants. This funding would be a substantial boost to the asylum system and would likely have a significant impact in reducing backlogs and lowering wait times.
However, the bill would also give $3.2 billion to ICE to expand its immigration detention system to 50,000 beds, which is an increase from its current capacity of 41,500 beds, despite over 30 people dying in detention due to poor conditions this year alone. This is an increase of 47 percent from the 34,000 beds allocated in 2023, 2022, and 2021. The bill additionally requires continued construction of the Trump-era border wall.
Regardless of its future, the Border Act identifies many of the key policy areas that need to be addressed, such as faster processing of asylum claims, expanded legal protections for certain vulnerable immigrants, and the dire need for more effective management of the current challenges at our southern border. But given the stakes, greater efficiency should not require cutting corners on due process or adopting overly restrictive policies at the border.

What Is the 'Bipartisan Border Bill' and How Would It Change the US Immigration System? - American Immigration Council
The “bipartisan border bill” has been front and center in the election, but it is often presented without clarity on what it would do.

- "Border Emergency Authority": The bill would have given the president new authority to expel migrants and asylum seekers when border encounters reached certain high thresholds.
- Stricter Asylum Standards: It proposed raising the initial screening standard for asylum claims and expediting the asylum process.
- Afghan Allies and "Documented Dreamers": It included provisions to create a path to legal status for certain Afghan allies and protections for some "Documented Dreamers," children of long-term visa holders who can "age out" of dependent status.
- Increased Funding: It included approximately $18.3 billion in supplemental funding for the Department of Homeland Security (DHS).
- Why it failed: The bill collapsed under political pressure, particularly from former President Donald Trump, which caused Republicans who initially supported it to withdraw their backing.
- 2025 Implications: Despite its failure, some analysts believe the specifics of the 2024 bill could still serve as a framework for future immigration discussions in 2025.
So you folks on the right can bite me. We could have had this going long ago but Trump owns your redneck, white bread, chicken shit asses.