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Among the ideas being considered, according to two of the people, is an introduction of Title 42-like administrative removal and the nationwide expansion of the process known as expedited removal, which it allows the government to deport anyone who cannot establish a legal basis. In addition, discussions are aimed at including a law that mandates the detention until migrants can be placed in the expedited procedures, as well as changes in the reliability of dangerous situations, which will eventually denied many migrants the opportunity to apply for asylum.
Everyone on the Hill and the administration warned that the talks were good. They also warned that no policy was agreed upon and because it was an idea being considered it did not mean that it would include, but provided, a proposal written by the Democratic.
“The White House has not signed any policy guidelines or final agreements, and the report that the policy guidelines have been issued to the White House is incorrect,” said a White House official. . “The President has said he is open to compromise and we look forward to continuing discussions with the Senate’s advisors as we work toward a second phase.”
But people involved in the negotiations also noted that the White House is eager to see a deal cut. And if the policies under consideration move forward, they will be seen as major changes by the Biden administration.
Few think an agreement can be reached this week, although negotiators hope to continue talks next year. But the latest attempt speaks to the urgency facing the White House as President Joe Biden urges Congress to deliver more aid for Ukraine in a package that is now bound by border law.
On Tuesday, Lankford said the White House had increased discussions with him Monday night, after he suggested earlier in the day that “there is no time frame” to complete a deal.
“This is not the first time I have talked to them, but the first time we have talked about any serious policy,” he said.
The targeted offer comes as Biden hosts Ukrainian President Volodymyr Zelenskyy at the White House on Tuesday. Zelenskyy spoke directly to senators on Tuesday morning in an effort to push Congress, which has reached an agreement to deliver emergency aid to his country in a crisis over border issues.
Murphy said Monday that the White House was becoming more “involved in these discussions” but said the House would go on Thursday — leaving a long window of time for negotiators to find something. common.
Even if the senators agree to move forward with the policies being discussed, such changes to the immigration system must be confirmed in the actual text of the law. There will also be practical challenges: In the case of legal detention, there is not enough power or access to implement this measure, unless it is established. large camps on the border. Even so, the Flores decision from a 1993 SCOTUS decision would have prohibited children from being detained for longer than 20 days.
It remains unclear whether any agreement that reaches the Senate will have the necessary support in the House.
Republicans, moving forward last week, offered a list of border restrictions of the Trump era in their latest proposal, including many policies that were condemned by Democrats. Republicans continue to push for “parole” based on class, a key tool used by the administration to create legal channels and control immigration at the border. This policy appears to be a red line for the White House.
GOP senators also proposed a policy that would set measures for automatic border closures — halting U.S. admissions of immigrants when border numbers reach a certain level.
Jennifer Haberkorn and Burgess Everett contributed to this report.