Senate Fails to Pass Supplemental Spending Agreement Amidst Controversial Border Security Provisions

The United States Senate faced a significant setback on Wednesday, February 7, 2024, as it failed to pass a supplemental spending agreement that included aid for Ukraine, Israel, and Taiwan, as well as an ambitious border security and immigration package. The vote was 49-50, falling short of the 60 votes required for passage. The bill, which had been negotiated for months by Senators Chris Murphy (D-Conn.), Krysten Sinema (I-Ariz.), and Biden administration officials, was met with widespread opposition from conservative Republicans in both chambers.

At the heart of the controversy were the border security provisions, which included an “emergency border authority” to mandate Title 42-style expulsions of migrants when migration levels exceeded 5,000 a day over a seven-day rolling average. The package also aimed to narrow asylum eligibility, expedite the process from years to months, provide immediate work permits for asylum seekers, and fund a massive increase in staffing at the border and more immigration judges. It also included increased numbers of green cards, extra funding for NGOs and cities receiving migrants, $650 million for border wall funding, and $450 million for countries to take back and re-settle illegal immigrants.

Despite the administration and negotiators’ claims that the bill represented a tough but fair way to tackle the border crisis, Republican opposition quickly mounted. More than 20 Republican lawmakers argued that the provisions would not sufficiently reduce the historic number of illegal migrant crossings and would normalize record-high levels of illegal immigration. Senators JD Vance (R-Ohio) and John Cornyn (R-Texas) were among the most vocal critics, warning that the bill would not address the root causes of the crisis and would instead provide incentives for further illegal immigration.

The bill also faced opposition from some liberal Democrat senators and left-wing immigration groups, who claimed it would harm migrants seeking asylum. Senator Bob Menendez (D-N.J.) called the bill an “outright betrayal to the communities we have sworn an oath to protect and represent.” Despite the bill’s release on Sunday night, GOP Leader Mitch McConnell (R-Ky.) declared it a non-starter by Tuesday morning.

The failure of the border and foreign aid package marked a significant setback for the Biden administration, which had hoped to secure funding for Ukraine and other critical foreign policy priorities while addressing the ongoing crisis at the southern border. With the bill now dead, Senate Majority Leader Chuck Schumer (D-N.Y.) will proceed to vote on the supplemental package without the border security section, although the timing on that was not immediately clear. However, Republicans are likely to oppose that as well, having promised that they would only approve more funding for Ukraine once the southern border is secure.

Supporters of the package expressed disappointment at its failure. Senator Kyrsten Sinema (I-Ariz.) told Fox News’ Bill Hemmer on “America’s Newsroom” before the vote that the lack of action on border security was devastating to her state. Schumer told reporters at their weekly press conference on Tuesday that the package was “so important for the security of America at the border, for the security of Ukraine and Israel.” He vowed to keep pushing for its passage.

The debate over the border security provisions touched on years-long differences between Republicans and Democrats over how to handle the issue. Republicans have demanded the administration stop releasing migrants into the interior and have called for the restoration of Trump-era policies they believe solved the border crisis. The administration, on the other hand, has claimed it is working within a “broken” system that needs funding and comprehensive immigration reform. Officials have also repeatedly called for a mass amnesty of illegal immigrants already living in the U.S.

Had the bill passed the Senate, it would have almost certainly been overwhelmingly rejected in the GOP-held House, where leadership had explicitly come out against the package and where more Democrats were also opposed to it due to objections about the border security provisions. This is a breaking story, and updates will be provided as more information becomes available.

Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security. He can be reached at adam.shaw2@fox.com or on Twitter.