I'll skip the loopholes and sunsets - each of which undermines that authority - and focus instead on how that "5,000 a day" rule would have conceded defeat at the border, and codified a decline in security there.
Border Patrol keeps numbers on the overall number of aliens agents have encountered at the nation's combined borders per fiscal year going back to the formation of the component in FY 1925, and for the Southwest border dating to the Eisenhower administration in FY 1960.
Of course, even expulsion under Title 42 is no longer a deterrent to illegal entry, which explains why Border Patrol apprehensions at the Southwest border have jumped from a daily average of just over 5,600 in FY 2023 to nearly 6,850 in the first three months of FY 2024.
When Nielsen declared that border emergency, in March 2019, agents were faced with an average of 3,346 aliens per day entering illegally over the Southwest border.
I'm reminded of that bedside breakfast as I mull the 5,000 migrant per-day limit that the Senate bill set as the trigger for additional border expulsions.
Any objective observer would have to agree that border security is worse under Biden than under any other previous administration.
The only thing the 5,000 per-day trigger in the Senate bill would have done is to accept the dismal status quo at the Southwest border as the new standard, forever, or at least until Congress is forced to act again.
https://cis.org/Arthur/Why-Would-Senate-Consider-Bill-Codifying-Decline-Border-Security
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