The American Council of Immigration does not approve or oppose candidates for elected offices. We aim to provide an analysis of the impact of elections on the US immigration system.
On April 30, the House Judiciary Committee advanced a budget adjustment bill, which, if signed into law, represents the biggest increase in funding for immigration enforcement in US history. The bill provides nearly $80 billion for internal immigration enforcement, including $45 billion for immigration and customs enforcement (ICE) detention and $14.4 billion for ice transport and removal operations. This will also aim to give the home to US customs and border security, including $51.6 billion for border barriers, in addition to nearly $67 billion. In addition to these incredible sums, the House Judiciary Bill also charges essential fees for various humanitarian immigration protections, leaving most applicants out of reach.
“Reconciliation” is an annual Congressional budget process that allows members of the Congress to bypass the usual rules around the Senate filibuster, allowing the passage of the budget bill by simple majority votes in both homes. Currently, the House and Senate GOPs do not agree to the exact terms of the settlement bill, so details coming out of the House bill could change once the bill is considered in the Senate. As a result, these proposals may not become law as is currently written. However, it represents a clear starting point for GOP negotiations on the budget adjustment process.
If these funds were allocated by Congress, over the next few years, ICE would increase the massive deportation operations to levels not previously seen in American history, make ICE the highest-funded law enforcement agency across the federal government, with military officers raiding communities, carrying out huge arrest operations, and agents would maintain civilian detention to maintain civilian detention.
Under the House Judiciary Bill, ICE will be given $45 billion to spend in detention until September 30, 2029). This would be 365% annually higher than ICE’s current $3.4 billion detention budget, bringing ICE’s annual detention budget to $12.4 billion. In contrast, the Federal Bureau of Prisons currently has a budget of $8.3 billion. This means Congress can give ICE a detention budget that is almost 50% larger than the entire federal prison system.
The budget also provides ICE $14.4 billion for transportation and removal operations. This is an astronomical 500% annual increase from the current $721 million offered in the current budget. In addition to this funding, it will hire $8 billion to hire 10,000 new employees over the next five years, and $858 million for retention and signature bonuses and $600 million in signatures to hire enough HR personnel to carry out that level of mass employment.
As Congress attempts to step up detention, arrest and removal, it will bring just 30% increase in the immigration court budget. This raises the serious possibility that ICE will build detention centres faster than judges come on board to reduce the backlog. As a result, people are kept in custody for a long period without a hearing, as the courts have failed to keep up with the rapid growth of the enforcement system.
In addition to these historic increases in immigration enforcement funding, the bill would restructure immigration benefits by imposing mandatory fees on multiple applications. For the first time, the US will be asking people to apply for asylum. This alone effectively eliminates the option for unaccompanied children and asylum seekers who are detained in custody, as well as asylum seekers who have no money or access to work opportunities. However, even non-detention asylum seekers, the bill requires that asylum seekers apply for work permits pay $550 every six months, so they must pay $550 to obtain and maintain their work permits, and the application must hold off an additional $100 fee each year.
Under this new system, asylum seekers who had to wait five years to get a decision in our heavily backlogged asylum system will have to pay a fee of as much as $7,000 to get a decision. The application was pending $1,000 on the application, $550 every six months on a work permit, and $500 for five years. And if the decision is negative, the House Judiciary Bill would have $900 to appeal from the current $110 fee.
Beyond asylum, the bill will charge exorbitant fees for those applying for temporary protected status of humanitarian parole ($1,000) ($500 from the current $50 fee) and special immigrant juvenile status ($500). Even those trying to support immigrant children will face exorbitant fees. Those seeking to sponsor immigrant children from government shelters may be refunded later for children who are present in all court proceedings. This alone will significantly prevent children from being released from government shelters by sponsors.
The bill also imposes two new penalties disguised as “fees” on those facing enforcement action. Anyone arrested by border patrols across the border will be charged a $5,000 “fee” (current law allows the government to punish people by improperly crossing with a fine of up to $250). Similarly, anyone deported for failing to hear a court hearing will be charged a $5,000 “commission.”
Additionally, the bill charges $100 for anyone facing deportation of immigration courts each time they ask a judge to extend to another hearing (“continuation”), a common event in which they try to find an attorney before moving forward with a case. These fees also apply to people who are trapped in ice detention centers and have no access to money, essentially forcing them to proceed with the case without the opportunity to acquire an attorney, as they have to pay $100 to make sure they have more time.
From 10,000 feet, the House bill represents the basic reshaping of American society and the legitimate process of immigration. ICE is stronger than all other federal law enforcement agencies, allowing for a historic, unprecedented level of immigration enforcement. On the other hand, exiles become virtually impossible except for those who have enough money to jump over the absurd hoops, and protecting themselves in immigration courts becomes extremely difficult for those who don’t have enough money to pay these news fees. If Congress finally passes this fund, giving ICE the ability to lock those they consider unwanted immigrants and establish an even larger network of prisons, it may be difficult to immediately recognize the United States as the land of freedom we have long advocated.
Submitted below: Border Wall, Detention, GOP Budget, Reconciliation
