Federal Update – Title 42 and the Debt Limit
May 11, 2023
House Poised to Advance Border Security Package as Title 42 Authority is Set to Expire
At press time, the full House was considering a comprehensive border security package – the Secure the Border Act of 2023 (H.R. 2). The measure, which is made up of several individual Republican-sponsored proposals, would require the federal government to immediately resume wall construction along the U.S.-Mexico border. The legislation also would bolster staffing levels and upgrade security technology at ports of entry, as well as revive several Trump-era programs to limit asylum eligibility for migrants traveling to the U.S.-Mexico border. Additionally, the measure would require employers to check the work eligibility of future hires through the E-Verify system.
Looking ahead, H.R. 2 is expected to advance through the chamber later today on a party-line vote, though the bill is not expected to be considered in the Senate. For its part, the Biden administration is strongly opposed to many of the reforms included in the House legislation and recently issued a veto threat.
Consideration of H.R. 2 coincides with the expiration of a pandemic-era public health restriction – referred to as Title 42 – that provides federal officials with the authority to turn away migrants at the border. The Biden administration is set to lift Title 42 tonight at 11:59 p.m. ET. In its place, the Department of Homeland Security (DHS) has outlined an operations plan to handle the anticipated migrant surge. For starters, DHS will return to using its existing legal authority to process and expel migrants who have no legal basis for entry. The plan also includes setting up additional facilities along the border to process migrants, scaling up transportation capabilities, and bolstering the capacity of non-governmental organizations. In addition, the Biden administration will send another 1,500 active-duty troops to the border.
Finally, it should be noted that a bipartisan group of Senate lawmakers recently introduced a bill (S. 1473) that would give the Biden administration temporary expulsion authority. However, there are no immediate plans to consider the legislation.
Congressional Leaders Meet with President Biden on the Debt Limit
On May 9, President Biden met with top congressional leaders at the White House to discuss how to address the nation’s debt limit. The meeting followed a warning from Treasury Secretary Janet Yellen that the federal government will be unable to pay all of its obligations by as early as June 1. With only a few weeks remaining before Treasury exhausts its ability to use “extraordinary measures” to cover the nation’s expenses, both sides continue to have dramatically different views on how to move forward. While Democrats insist on advancing a clean debt limit increase, Republicans have been adamant about the need for significant spending cuts and concessions as part of any deal.
The faceoff is likely to continue for the next several weeks, even with a potential government default looming. Nevertheless, congressional leaders are expected to meet with the president again on Friday in an attempt to broker an agreement. While there has been some discussion regarding advancement of a short-term debt limit increase, Speaker McCarthy has firmly ruled out that possibility. Moreover, a large bloc of Senate Republicans recently sent a letter to Majority Leader Chuck Schumer (D-NY) stating that they will not vote for cloture on any clean debt-limit measure unless it includes “substantive spending and budget reforms.”