Fact-Checking Claims That Senate Bill Allows 5,000 Unauthorized Immigrants a Day

Republican critics are misrepresenting one provision of a bipartisan deal to suggest that it permits 5,000 illegal crossings a day.

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Under current law, a migrant who crosses the border illegally can apply for asylum, which the border deal could change.

Republican critics have quickly twisted one element of a bipartisan compromise bill unveiled on Sunday to misleadingly suggest that it permits 5,000 migrants to enter the country illegally every day.

The legislation, which links additional funding in military aid for Ukraine with immigration policy, would more aggressively tamp down on illegal crossings at the U.S. border with Mexico.

The claim has become a popular talking point, reflecting broader pushback by Republicans who have seized on the border security provisions in the $118.3 billion bill and derided them as too lax.

But the bill does not, in fact, authorize immigrants to cross the border illegally. Instead, among other provisions, it would give officials the authority to summarily remove migrants, with little recourse, after a certain number cross: an average of 5,000 encounters per day for a week, or 8,500 in a single day.

Here’s a fact check.

WHAT WAS SAID

“The Biden/Schumer Open Border Bill allows 5,000 immigrants a day into our country.”
— House Republicans in a social media post on Monday

“Here’s what the people pushing this ‘deal’ aren’t telling you: It accepts 5,000 illegal immigrants a day and gives automatic work permits to asylum recipients — a magnet for more illegal immigration.”
— Steve Scalise, the House majority leader, in a social media post on Sunday

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