WASHINGTON — Prominent Latinos in Congress initially watched quietly, privately raising concerns with the Biden administration about the direction of border security talks.
Democratic Sen. Alex Padilla of California was constantly on the phone with administration officials wondering why the Senate negotiations did not include any meaningful consideration of providing paths to citizenship for undocumented immigrants who have long been incarcerated.
New Mexico Democratic Senator Ben Ray Luján made similar arguments as he tried to get meetings with top White House officials.
But when the talks didn't seem to make enough of a difference, influential lawmakers began leading the open opposition.
“A return to Trump-era policies is not the answer,” Padilla said. “It will actually make the problem worse.”
Padilla even pulled President Joe Biden aside at a fundraiser in California last weekend to warn him to “be careful” so as not to get swept up in “harmful policies.”
The Latino senators are in different territory in the immigration debate as the Democratic president, who is pushing for a border deal as part of his $110 billion package for Ukraine, Israel and other national security needs, has tried to contain the crisis to lay. historic number of people arriving at the border with Mexico.
The negotiations, which are expected to continue this weekend at the Capitol, come as the Biden administration has faced increasing criticism over its handling of border and immigration issues — not just from Republicans but also from members of its own party of the president. Democratic cities and states across the country have spoken out about the financial toll they say migrants have taken on their resources.
But the talks have left out pro-immigration reforms, such as granting permanent legal status to thousands of immigrants brought to the U.S. illegally as children, often called “Dreamers,” based on the DREAM Act that provided similar protections for young immigrants, but was never approved.
A few days after his conversation with the president, Padilla, Luján and Sen. Bob Menendez, D-N.J., voiced their concerns prominently at a Congressional Hispanic Caucus news conference in front of the Capitol.
They bashed Senate Republicans for demanding changes in border policy in exchange for aid to Ukraine, and they criticized Biden for making concessions that they said ultimately undermined the United States' position as a country that welcomes immigrants.
Padilla said Senate Majority Leader Chuck Schumer has promised him and several other senators to show them the proposals before there is a final deal, but that Latino lawmakers have been largely left out of the core negotiating group, even though they have consistently proposed progressive solutions to the US. immigration system.
Biden is facing pressure from all sides. He has faced growing criticism over historic migrant numbers and is also trying to address political weakness ahead of a possible campaign rematch with Donald Trump, the former Republican president who has vowed to push far-right immigration measures.
And for Biden, the issue is now tied to a top foreign policy objective: providing robust support for Ukraine's defense against Russia.
White House and Senate leaders are pushing for a framework for the border deal by Sunday, according to a person granted anonymity to discuss the situation. But others warned it could take longer.
Recently, the White House pushed during negotiations to include provisions that would legalize young immigrants who came to the United States illegally as children, according to two people with knowledge of the closed-door talks.
Republicans have demanded several asylum restrictions that Democrats have so far opposed, but protecting so-called “Dreamers” would be a way for Democrats to secure one of their longstanding immigration priorities.
“There are still disagreements and we continue to work on them,” Sen. Chris Murphy, D-Conn., told reporters Friday after a round of talks.
The bipartisan group negotiating the package has acknowledged that it expects to lose votes from both the left and right wings of both parties.
“Regardless of people's political beliefs, this is a crisis,” said Sen. Kyrsten Sinema, an Arizona independent who is part of the core negotiating group. “There is nothing human about thousands of people sitting in the desert without access to toilets, food or water, without shade, and waiting for days to interact with a Border Patrol agent. That's what's happening in southern Arizona.”
But immigration advocates have rallied opposition to the proposed changes — often comparing them to Trump-era measures.
Using words like “draconian” and “treason,” advocates argued during a call Friday with reporters that the proposals would undermine U.S. commitments to accept people fleeing persecution and would do little to deter people from the long , make a dangerous journey to the border.
One policy being considered would allow border officials to easily send migrants back to Mexico without sending them to seek asylum in America, but advocates argue that could simply put them in the hands of dangerous cartels that prey on migrants in northern Mexico hunting.
They also say that when the Trump and Biden administrations previously used expulsion authority for public health reasons during the pandemic, migrants sent back to Mexico did not return home. Instead, they tried to enter the US again and again because there were no repercussions.
Greg Chen, senior director of government relations for the American Immigration Lawyers Association, said this would only make the border region “more chaotic and dangerous.”
The policy being considered would also be difficult to implement. Detaining migrants or families would result in hundreds of thousands of people being taken into custody — at enormous cost — and could force the Department of Homeland Security to divert staff from other duties to the border.
“These are all things that are extremely, extremely concerning,” said Jason Houser, the former chief of staff of U.S. Immigration and Customs Enforcement.
If the legislation comes to a vote, Padilla and other prominent Democrats in the House of Representatives, such as Reps. Nanette Barragán, chair of the Hispanic Caucus, and Pramila Jayapal, chair of the Progressive Caucus, will likely lead the opposition from the left.
Immigration advocates were also encouraged to see support from prominent members of the House of Representatives such as Veronica Escobar, co-chair of Biden's reelection campaign, and Rep. Jerry Nadler, the top Democrat on the House Judiciary Committee, at the Hispanic Caucus news conference. in front of the Capitol this week.
Padilla warned that Biden's concessions on border restrictions could have a lasting impact on his support from Latino voters.
“It is unconscionable to think that concessions will be made without benefiting a single Dreamer, a single farm worker or a single undocumented essential worker,” he said.
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Associated Press writer Seung Min Kim contributed to this report.