H.R. 815 Amounts to “The Secretary of Homeland Security Shall” Facilitate Illegal Immigration

A wallPhoto byMax BöhmeonUnsplash

On Wednesday 2/7/2024, the Senate is tentatively supposed to vote on the recently released Emergency National Security Supplemental Appropriations Act, 2024 (H.R. 815). In discussion with immigration experts about the bill, I’m reminded that Malcolm X is known to say that Democrats and Republicans are two wings of the same bird. Where immigration is concerned, since the 1965 Hart-Celler Immigration Act, both political parties have collaborated to undermine the interests of the American people. Yesterday’s bipartisan Senate border security bill is the most recent example of that assessment. The bill was supposed to end the illegal immigration crisis by adding additional mechanisms to keep unvetted people out of interior of our nation. In an act of defiance, the Senate bill incentivizes rapid mass immigration (from adults and unaccompanied children) rather than preventing it.

And more than that, the Emergency National Security Supplemental Appropriations Act, 2024 puts into writing that the President “shall” use his power to release at least 1,400 inadmissible people into the nation every day of the week (p. 219, lines 6-15). In legal parlance, “shall” is interpreted to mean must.

Photo byScreenshot of Page 219 of H.R. 815 provided by the author

A Nation Funds Its Priorities

According to the United States Code’s synthesis of immigration laws that were in effect at the time of writing this article, “inadmissibility” applies to a person or class of persons who do not meet the standards to be formally allowed into the interior of the United States as a recognized, lawfully present non-citizen. 8 USC 1182 states that “inadmissible aliens” “are ineligible to receive visas and ineligible to be admitted into the United States” under a dozen plus circumstances that can only be ascertained through a level of vetting that the Biden administration has thus far refused to provide. Among other situations, a would-be guest is inadmissible if they are under the jurisdiction of a foreign entity that is deemed an threat to national security (as determined by the Secretary of State), if an aspiring immigrant is likely to become dependent on welfare and taxpayer subsidy, if they have a history of sex-related crimes or other violent or drug related criminal activity, or have previously violated immigration law sufficient to be banned from reentry forever or at the time of their attempt to gain admission (such as for fraud and misrepresentation of material fact).

The provision of the bill for “1,400 inadmissible people per day” directly twists the knife on those critics who raise alarms about national security. Particularly those who aim to hold the Biden administration accountable for their refusal to detain unvetted people in immigration facilities (as required by law) rather than simply releasing hordes of unknown factors into American neighborhoods on their own recognizance.

The “compromise” bill has a $118 billion price tag and does little to slow the flow of illegal immigrants. In fact, the bill gives three times as much money to Ukraine than it does to enforce the U.S. border with Mexico and thus prevent the movement of unauthorized people and product into the nation. It provides $20 billion in foreign aid and support to other countries that help those nations arm and defend their borders.

Make it make sense.

But more than the misplaced funding priorities, critics say the bill legalizes the actions taken by the Biden administration that caused this crisis, incentivizes immigration from unaccompanied minors via new and unnecessary provisions for legal aide, and provides open access for just about anyone who chooses on a whim to move into America. The daily and monthly allowances of aliens amount to preapproval of admission to a minimum of 1.8 million human wild cards per year.

The consensus among advocates for immigration moderation is that the Emergency National Security Supplemental Appropriations Act, 2024 (H.R. 815) needs to be stopped before it leaves the Senate.

Those involved with formulating and writing the Emergency National Security Supplemental Appropriations Act of 2024 (H.R. 815) need to hear from concerned constituents now and during reelection.

Destructive -vs- Constructive Bipartisanship

A proper “bipartisan” immigration effort would be for the Senate to pass H.R.2: The Secure Border Act of 2023, which has already passed the House of Representatives by a 219-213 vote last year.

When we use the term “bipartisan” it should be a celebratory moment that implies more than wrongheaded collaboration between the Left and the Right. The term “bipartisan” should connote that our elected officials are working across the aisles to honor the fact that we’ve handed them stewardship of the reins to our Representative Republic. The Emergency National Security Supplemental Appropriations Act of 2024 (H.R. 815) is an affront to sound public policy. To the trained eye, the bill reads like a carrot or stick attempt to force cooperation to fund Israel and Ukraine. The Emergency National Security Supplemental Appropriations Act of 2024 (H.R. 815) puts the American people on notice that its Republican and Democrat writers are willing to threaten The People with a gilded parachute to unvetted and inadmissible illegal immigrants if we don’t open the purse strings for their preferred special interest groups.

That’s not “bipartisan,” that’s collusion.

Recall that the December 2023 report from the House Committee on Homeland Security shows we’ve intercepted 2,500 individuals on the terror watchlist. How many have gotten away due to our systematically overwhelmed security processes and willfully porous borders?

Now What?

The Emergency National Security Supplemental Appropriations Act of 2024 (H.R. 815) is a nonstarter.

The appropriate call to action is for the Senate to pass H.R. 2.

The American people don’t negotiate with terrorists.

Nor do we turn a blind eye toward elected officials who make it easier for terrorists to do their dirty work.