A New Approach to U.S. Immigration and Border Security: Insights from Arizona Senator Kyrsten Sinema

The United States has long grappled with the issue of securing its borders and improving its immigration system. The current process is widely recognized as broken, with Congress struggling for years to find a solution that can gain enough support to become law. However, a bipartisan group of senators is expected to unveil a new proposal later today, which aims to address these challenges. One of the chief negotiators of this deal is Arizona Independent Senator Kyrsten Sinema. In this article, we will delve into the details of the Senate proposal and hear from Senator Sinema herself.

The Senate proposal, which is yet to be made public, is expected to allow the president to shut down asylum processing during spikes in illegal crossings. It also gives the Department of Homeland Security the ability to expedite deportations. The proposal limits access to asylum and requires cases to be reviewed within six months. Currently, there is no time limit, and many cases languish for years before they are processed.

Joining us for an exclusive interview is Senator Kyrsten Sinema of Arizona. Senator, we would like to note that this is your first official appearance on a Sunday show, and we thank you for being with us today.

Senator Sinema: Thank you, Margaret. It’s great to be with you.

Margaret Brennan: Senator, you are one of the very few people who know the intricate details of this deal. To execute this plan, are you going to need more than the $14 billion that President Biden has asked Congress for?

Senator Sinema: Well, that’s really a question for the heads of our Appropriations Committee, who are in the final stages of putting this bill together this afternoon. My job was to lead the negotiations for the border policy changes that we so desperately need. I have worked with Senator Lankford and Senator Murphy over the last four months to create workable policy that makes dramatic, but needed changes to both our asylum system and border policy.

Margaret Brennan: You will likely need more personnel or funding to execute this. But, to address your specific question, you have said publicly that you are ending catch-and-release. That’s the practice of detaining migrants and then releasing them with the promise of a future court date. How will your plan work?

Senator Sinema: Well, I’m glad you asked that question, Margaret. We have all seen the images on television of what’s happening in Lukeville, Arizona, and in Southern Texas, where large numbers of migrants are approaching the border and being processed and then released into the country, sometimes with a piece of paper called a notice to appear, where they may see a judge in five, seven, or even ten years. No one knows. Our law changes that and ends the practice of catch-and-release.

So, when people approach the border and say they want to enter our country to seek asylum, they will go into one of two situations. First, short-term detention, which means we take them into custody, and we actually do an interview right then and there to determine if they meet the standard for asylum. For individuals who do not meet that standard, which, by the way, is most of the migrants who are coming to our country right now, they will be swiftly returned to their home country.

And for folks that we cannot detain, like families, for instance, we will ensure that we’re supervising them over the course of just three months, and conduct that interview with that new higher standard, requiring them to show more proof early on about whether or not they qualify for asylum, and return them to their country if they do not have the evidence or the proof that they qualify for asylum.

So we will no longer have people just entering the country and maybe going to court in the next seven or ten years. Instead, we will make swift justice. Folks who do qualify for asylum will be on a rapid path, six months or less, to start a new life in America. And those who do not qualify will quickly be returned to their home countries.

Margaret Brennan: For those who are impoverished, for example, and say they’re just coming to America to have a better life, they’re in search of the American dream, they won’t qualify, right? They will be turned away.

Senator Sinema: That’s right, Margaret. Right now, individuals who want to come to America just to get a better life or to seek the American dream, to find work, those are what we call economic migrants. They are not permitted to enter the country whenever they would like.

And our new law will ensure that they can’t get into the country, that they won’t get that notice to appear, they will not be allowed in through the border ports of entry or between ports of entry, like we see down in Lukeville. They will be turned away and sent back to their home countries, because they currently are exploiting the asylum system that’s being really managed by the cartels.

We’re ending that system. We’re ending that loophole, and ensuring that they cannot enter through that manner.

Margaret Brennan: There is some concern from Democrats that those individuals turned away would then in turn be exploited if they’re pushed back into Mexico and somehow mistreated. How are you going to alleviate Democratic concerns about that?

Senator Sinema: Well, that’s an important question, Margaret. The reality is, is that, for the last several years, cartels have used this loophole to exploit the system, telling folks from Latin and South America and really all over the world that they can come to America, claim asylum, and then gain access to the country.

We are going to end that process by ending catch-and-release and requiring folks who come to claim asylum to actually have their asylum claims determined quickly and fairly. And that will provide a disincentive for individuals to come to this country, really sacrificing so much in their lives, for a path that no longer can be exploited.

So we believe that by quickly implementing this system, individuals who come for economic reasons will learn very quickly that this is not a path to enter our country, and will not take the sometimes dangerous or treacherous trek to our border.

Margaret Brennan: You have said previously that the Biden administration does bear some responsibility for this crisis and they should be held accountable for not implementing existing laws. So, what actions are you asking the president to take independent of Congress, and if you say that wasn’t implementing existing law, what would be different with your new version of the law?

Senator Sinema: Well, Margaret, our law actually requires the administration to implement these tools. So much has been talked about with the number of 5,000 people a day, right? We have all heard misinformation and, frankly, just kind of rumors saying, well, the administration doesn’t have to shut down the border until you get to 5,000 crossers a day.

Well, that’s not true. First of all, our law ends catch-and-release. But when too many people approach the border, asking to come in seeking asylum, we’re now mandating that the government actually shut down the border. Our law requires the administration to do that. It’s not an option. It’s a requirement.

And the difference with our new version of the law is that it actually provides the tools and the resources for the administration to do that. It’s not just a mandate, it’s a mandate with the resources and the tools to make it happen. And that’s why we’re confident that this will be a successful approach to securing our borders and improving our immigration system.

Margaret Brennan: Senator Sinema, thank you for joining us today and for sharing the details of this new proposal. We look forward to seeing the impact it will have on our immigration and border security policies.

Senator Sinema: Thank you, Margaret. It’s been a pleasure to be with you.