Democrats prepare to go on offense on immigration in the coming weeks

WASHINGTON — Democrats are preparing an aggressive new immigration strategy months after Republicans blocked a bipartisan border security bill aimed at easing record-high illegal crossings along the southern border, according to officials who discussed the plans with NBC News. At a meeting in the Senate last week, key administration officials and top Democratic lawmakers discussed a path forward that would include forcing votes that Republicans would be likely to oppose, two sources said. The discussions included potential executive actions within the coming weeks, three sources said. Senate Majority Leader Chuck Schumer, D-N.Y., and House Democratic leader Hakeem Jeffries of New York attended the meeting, which covered other topics but focused largely on immigration, the sources said. The purpose of the discussion was to ensure alignment between Democrats on an issue the party seeks to capitalize on ahead of the November election, when the party will seek to take back control of the House and defend its control of the Senate and the White House. In one potential scenario, Senate Democrats would take the lead by calling up various pieces of legislation, perhaps even parts of the bipartisan deal negotiated by Sen. Chris Murphy, D-Conn., James Lankford, R-Okla., and Kyrsten Sinema, I-Ariz., and trying to pass them by a process known as unanimous consent — to which any single senator can object. “Democrats have made clear that the situation at the border is unacceptable," Schumer said in a statement. "That’s why we worked in a bipartisan fashion to craft the strongest border security bill in a generation, endorsed by the border patrol union." He blamed Republicans and former President Donald Trump for the deal's falling apart and said: "Republicans need to get serious about fixing the border and ignore Donald Trump. After all, you can’t say it’s an emergency and then refuse to take action." Chuck Schumer speaks to reporters at the Capitol. Senate Majority Leader Chuck Schumer, D-N.Y., at the Capitol on March 12. J. Scott Applewhite / AP file After that process, the Biden administration would then most likely launch yet-to-be-determined executive actions that it has privately discussed for months, the sources said. The White House has also sought input from immigration advocacy groups ahead of any potential executive order. Some advocates are worried that the new policy would be too restrictive on asylum. “The executive action is merely a political move to amp up cruelty against people seeking asylum at the border ahead of the elections," said Amy Fischer, Director of Refugee and Migrant Rights at Amnesty International USA. "Instead of investing in policies that build and strengthen a humanitarian infrastructure, the Biden administration has instead decided to sow more chaos at the border and restrict the rights of people seeking asylum in the U.S.” Recommended 2024 ELECTION Rich people are spending more than ever to run for Congress. A big test is coming in Maryland. TRUMP ON TRIAL The courtroom for Trump's trial becomes a test of power for an ex-president and a judge A Department of Homeland Security official with knowledge of the discussions said the White House would most likely invoke power reserved for the president in Section 212(f) of the Immigration and Nationality Act, which allows a president discretion over who is admitted into the U.S. Using that authority, Customs and Border Protection would be directed to block the entry of migrants crossing over from Mexico if daily border crossings passed a certain threshold. The tactic is similar to a provision of the bipartisan border security bill from February. A former DHS official and an immigration advocate pointed out that advocacy groups are likely to argue in court that 212(f) does not give the president the authority to shut down the border. But the former DHS official said that even if the Biden administration is enjoined, invoking 212(f) would show a willingness to try to take control of the border, an area in which President Joe Biden is struggling ahead of his re-election battle against Trump. An NBC News poll released last month found that immigration is one of the top concerns for voters this year, just 28% of whom approve of Biden's handling of border security and immigration. No formal decisions have been made, and a number of actions are on the table. Advocacy groups and DHS officials have been led to believe that an order could be announced as early as this week but more likely at the end of May or in early June, two sources involved in discussions said. A White House spokesperson said in a statement, “The Administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades.” The spokesperson added: “No executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected. We continue to call on Speaker Johnson and House Republicans to pass the bipartisan deal to secure the border.” Biden sharply criticized Senate Republicans during his State of the Union address in March for blocking the bipartisan security deal they initially led the charge on after Trump opposed it. “I’m told my predecessor called Republicans in Congress and demanded they block the bill,” Biden said, facing jeers from Republican lawmakers in the chamber. “He feels it would be a political win for me and a political loser for him. It’s not about him or me. It’d be a winner for America.” Democrats in swing districts immediately launched ads attacking Republicans, with Rep. Tom Suozzi, D-N.Y., — who flipped a seat held by disgraced former GOP Rep. George Santos — urging others to “go on offense” ahead of November. Suozzi’s playbook is one that Murphy urged other Democrats to follow. “Suozzi messaged aggressively on the issue, running ads that highlighted his support for a secure border and legal pathways to citizenship,” Murphy wrote at the time in a memo obtained by NBC News. “He flipped the script on his Republican opponent.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.